Terms of Service

Last updated on February 2nd, 2026.

PRESTOTMS TERMS OF SERVICE

Effective Date: 2/12/2026
Last Updated: 2/12/2026
Provider: Truelux Marketing, LLC, a Texas limited liability company (“Truelux,” “Provider,” “we,” “us,” “our”)
Service: PrestoTMS transaction management platform and related features, including document storage and chat/communications (the “Service”).

1. Acceptance; Authority; Order of Precedence

1.1 Acceptance. By accessing or using the Service, you agree to these Terms of Service (“Terms”).
1.2 Business Use / Authority. If you use the Service on behalf of a company (e.g., a real estate brokerage) (“Customer”), you represent you have authority to bind Customer. “You” includes Customer and its authorized users.
1.3 Order of Precedence. If you have a signed order form, subscription agreement, or MSA with Truelux (an “Order”), then (a) the Order controls over these Terms for any conflict; (b) the DPA controls for any privacy/data-processing conflict; (c) the AUP controls for use restrictions.

2. Definitions

“Authorized Users” means Customer’s employees, agents, and contractors authorized to use the Service (including licensed real estate agents).
“Customer Content” means data, files, documents, messages, and other materials submitted to the Service by Customer or Authorized Users, including transaction documents and chat content.
“Personal Data” has the meaning in the DPA.
“Confidential Information” means non-public information disclosed by a party that is marked confidential or would reasonably be understood to be confidential.

3. The Service

3.1 Provision. We provide the Service as described in the applicable Order and documentation.
3.2 Changes. We may modify the Service (including adding/removing features) to improve functionality, security, and performance. Material reductions to core paid features will be communicated commercially where reasonable.
3.3 Beta Features. Beta/preview features are provided “as is,” may change, and may be discontinued without notice.

4. Accounts; Admin Controls; Responsibilities

4.1 Account Security. Customer is responsible for maintaining account security and ensuring Authorized Users keep credentials confidential.
4.2 Admin Access. Customer’s designated administrators may have access to view, export, delete, or manage Customer Content and user activity, including chat and documents, subject to role permissions.
4.3 Customer Responsibilities. Customer is responsible for:

the accuracy and legality of Customer Content;
obtaining any required consents/authorizations from clients and third parties whose data is uploaded;
configuring permissions and access controls appropriately.

5. Customer Content; Limited License; Product Improvement

5.1 Ownership. Customer retains ownership of Customer Content.
5.2 License to Operate. Customer grants Truelux a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use Customer Content only as necessary to:

provide and operate the Service (including document preview/thumbnails, indexing/search, backups);
secure the Service, prevent fraud/abuse, and enforce policies;
provide support at Customer’s request; and
improve the Service, including analytics, debugging, quality assurance, and feature development.

5.3 Aggregated/De-Identified Data. We may create and use aggregated or de-identified data derived from Customer Content and Service usage for product analytics, benchmarking, and improvements, provided it does not reasonably identify Customer, Authorized Users, or data subjects.
5.4 No Sale of Customer Content. We do not sell Customer Content.
5.5 Support Access (Limited). Truelux personnel may access Customer Content only when reasonably necessary for support, security, legal compliance, or to address suspected abuse, and access is limited to the minimum necessary.

6. Acceptable Use; Prohibited Content

Your use is subject to the Acceptable Use Policy attached below and incorporated by reference.

7. Fees; Payment; Taxes (If Applicable)

7.1 Fees. Fees, billing, and plan details are in the Order.
7.2 Taxes. Fees exclude taxes. Customer is responsible for applicable taxes (excluding Truelux income taxes).
7.3 Nonpayment. Past-due amounts may result in suspension or termination after notice.

8. Communications; Marketing; SMS/Calls

8.1 Service Messages. We may send transactional/administrative communications (e.g., account, security, billing, service notices).
8.2 Marketing (Email). We may send marketing communications to Customer and Authorized Users using provided contact information regarding PrestoTMS and other Truelux offerings. You may opt out of marketing emails via the unsubscribe mechanism or by contacting us.
8.3 SMS/Calls (Future Use). If Truelux offers SMS/text or calling features (marketing or service-related), you agree that Truelux may contact you at the number provided consistent with applicable law, and only where we have the required consent. You will be able to opt out (e.g., replying STOP for SMS). Message/data rates may apply. Consent is not a condition of purchase unless explicitly stated where permitted.

9. Security; No High-Risk Data

9.1 Security Measures. We maintain administrative, technical, and organizational safeguards described in the Security Overview (below).
9.2 No Highly Sensitive Data. Unless explicitly agreed in an Order (and, if applicable, a specific addendum such as a HIPAA BAA), Customer will not upload:

medical records subject to HIPAA;
payment card data subject to PCI DSS (other than via approved payment providers);
Social Security numbers or government IDs at scale; or
other regulated “special category”/high-risk data that would impose heightened legal obligations.

10. Confidentiality

10.1 Obligations. Each party will protect the other’s Confidential Information with at least reasonable care and will use it only to perform under these Terms.
10.2 Exclusions. Confidential Information does not include information that is public without breach, independently developed, or received lawfully from a third party.
10.3 Compelled Disclosure. A party may disclose Confidential Information if required by law, provided it gives notice (where legally permitted) and reasonably cooperates.

11. Third-Party Services

The Service may integrate with third-party providers (storage, email, analytics, payments). Their services are governed by their terms, and Truelux is not responsible for third-party services outside our control.

12. Term; Suspension; Termination

12.1 Term. These Terms begin when you first use the Service and continue until terminated.
12.2 Suspension. We may suspend access immediately if we reasonably believe: (a) there is a security threat; (b) use violates the AUP; (c) continued use may cause legal liability; or (d) required by law.
12.3 Termination. Either party may terminate according to the Order. We may terminate for material breach if not cured within [30] days after notice (or immediately for egregious abuse).
12.4 Effect. Upon termination, your license ends. We will make Customer Content available for export for a limited time consistent with our retention practices, then delete according to Section 13, unless legally required to retain.

13. Data Retention; Deletion

We retain Customer Content consistent with the DPA and our operational backup policies. Upon termination, we will delete Customer Content within a commercially reasonable period, subject to legal holds and backup retention cycles.

14. Warranties; Disclaimers

14.1 Mutual Warranty. Each party warrants it has authority to enter these Terms.
14.2 Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUELUX DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT CONTENT WILL BE ERROR-FREE OR COMPLETE.

15. Limitation of Liability

15.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS/REVENUE, GOODWILL, OR DATA.
15.2 Cap. TRUELUX’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID (OR PAYABLE) BY CUSTOMER TO TRUELUX FOR THE SERVICE IN THAT PERIOD, OR $100, WHICHEVER IS GREATER.
15.3 Essential Basis. These limits are an essential basis of the bargain.

16. Indemnification

16.1 By Customer. Customer will defend, indemnify, and hold harmless Truelux from claims arising out of: (a) Customer Content; (b) Customer’s or Authorized Users’ misuse of the Service; or (c) violation of law or third-party rights.
16.2 Process. The indemnified party will give prompt notice and reasonable cooperation; the indemnifying party controls the defense and settlement (no admission of liability without consent).

17. DMCA; IP Complaints

18. Governing Law; Venue

These Terms are governed by Texas law (excluding conflict rules). Exclusive venue for disputes is state or federal courts located in Bexar County, Texas, unless the Order specifies otherwise.

19. Changes

We may update these Terms. Material changes will be posted with an updated effective date and, for paid customers, we’ll provide reasonable notice via email or in-app.

20. Contact

Truelux Marketing, LLC
Email:prestotms@trueluxmarketing.com
Address: 5850 E Hwy 44 Alice, Texas, 78332 USA

DATA PROCESSING ADDENDUM (DPA) — PRESTOTMS

This DPA is incorporated into the Terms and applies to Truelux’s Processing of Personal Data in Customer Content.

1. Roles

1.1 Customer as Controller/Business. Customer is the “Controller” (GDPR) or “Business” (CCPA/CPRA) for Personal Data processed in Customer Content.
1.2 Truelux as Processor/Service Provider. Truelux is the “Processor” (GDPR) or “Service Provider/Processor” (CCPA/CPRA).

2. Definitions

“Personal Data” means information relating to an identified or identifiable person.
“Process/Processing” means any operation performed on Personal Data.
“Subprocessor” means a third party engaged by Truelux to Process Personal Data.

3. Processing Details

3.1 Subject Matter. Provision of the Service to Customer (transaction management, document storage, collaboration, and chat).
3.2 Duration. The term of the Order plus retention/backup periods.
3.3 Nature and Purpose. Hosting, storage, retrieval, display, collaboration, security, analytics, support, and improvements.
3.4 Categories of Data Subjects. Customer’s Authorized Users; Customer’s clients; transaction parties; vendors; and other contacts added by Customer.
3.5 Categories of Personal Data. Names, emails, phone numbers, addresses, transaction data, communications, documents, and other data Customer uploads.

4. Customer Instructions

Truelux will Process Personal Data only on documented instructions from Customer, including as set forth in the Terms and Customer’s use of the Service. Customer is responsible for ensuring its instructions comply with applicable law.

5. Confidentiality

Truelux ensures personnel authorized to Process Personal Data are bound by confidentiality obligations.

6. Security Measures

Truelux will implement reasonable security measures consistent with the Security Overview and industry standards. (Details may be supplemented by Order.)

7. Subprocessors

7.1 Authorization. Customer provides general authorization for Truelux to use Subprocessors.
7.2 Obligations. Truelux will impose data protection obligations on Subprocessors consistent with this DPA.
7.3 List/Updates. Truelux will maintain a list of Subprocessors at: [Subprocessor URL] (or available upon request) and will provide notice of material changes where commercially reasonable.

8. Data Subject Requests

Truelux will provide reasonable assistance to Customer to fulfill requests (access, deletion, etc.) as required by law, to the extent Customer cannot do so through the Service.

9. International Transfers (If Applicable)

If Personal Data is transferred internationally, Truelux will use an appropriate transfer mechanism (e.g., SCCs) where required.

10. Audit and Compliance

Upon reasonable notice and no more than once per year (unless required by law or a security incident), Customer may request information reasonably necessary to verify Truelux’s compliance. Truelux may satisfy this via security documentation, third-party reports, or questionnaires.

11. Incident Response

Truelux will notify Customer without undue delay after becoming aware of a confirmed breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data (“Security Incident”) and will provide information reasonably necessary for Customer to comply with obligations.

12. Deletion/Return

Upon termination and upon Customer request, Truelux will return or delete Personal Data in Customer Content within a commercially reasonable time, subject to legal holds and backup retention.

13. CCPA/CPRA Terms (If Applicable)

Truelux will not:
(a) sell or share Personal Data;
(b) retain, use, or disclose Personal Data for purposes other than providing the Service, except as permitted by law;
(c) combine Personal Data with data from other customers except to perform the Service or as legally permitted (e.g., security, fraud prevention, or aggregated/de-identified analytics).

ACCEPTABLE USE POLICY (AUP)

This AUP applies to all use of the Service by Customer and Authorized Users.

1. Prohibited Activities

You may not:

break laws or encourage illegal activity;
infringe intellectual property or privacy rights;
upload malware, ransomware, or exploit code;
perform scanning, probing, or penetration attempts without written authorization;
attempt to bypass authentication/authorization, rate limits, or security controls;
disrupt the Service (DDoS, excessive automated requests, abusive workloads);
use the Service to harass, defame, threaten, or discriminate;
misrepresent identity or affiliation;
use the Service to develop or train a competing product using non-public aspects of the Service.

2. Prohibited Content

You may not upload or transmit content that:

is unlawful, defamatory, obscene, or otherwise harmful;
contains others’ confidential information without authorization;
contains regulated high-risk data as restricted in the Terms (unless explicitly allowed by contract);
violates third-party rights.

3. Enforcement

We may investigate violations and suspend/terminate accounts, remove content, or report to law enforcement as appropriate.

SECURITY OVERVIEW (NON-BINDING SUMMARY)

This Security Overview describes typical controls; the binding obligations are in the Terms/DPA and any Order.

1. Core Principles

Least privilege access controls
Encryption in transit (TLS) where supported
Segmentation of customer workspaces
Logging and monitoring for abuse and incidents
Secure SDLC practices

2. Access Controls

Role-based access control (RBAC) for admins/agents (as applicable)
Administrative controls for workspace membership and permissions
Authentication protections (e.g., hashed passwords; optional SSO in enterprise tiers if offered)

3. Data Protection

Encryption in transit using HTTPS/TLS
Encryption at rest supported by underlying storage providers where available
Backups with controlled access and retention policies

4. Monitoring and Incident Response

Logging of critical events (auth, file operations, admin actions) where available
Alerts for suspicious activity
Documented incident response process and customer notification per DPA

5. Vendor Management

Use of reputable cloud and infrastructure providers
Subprocessor contractual controls consistent with the DPA

6. Customer Shared Responsibility

Customer should:

enforce strong passwords and MFA where available
manage user access promptly (onboarding/offboarding)
avoid uploading prohibited high-risk data unless contractually supported

DMCA POLICY (DIGITAL MILLENNIUM COPYRIGHT ACT)

Truelux respects intellectual property rights and responds to valid notices under the DMCA.

1. Notice of Copyright Infringement

If you believe content hosted on the Service infringes your copyright, submit a notice including:

Your physical or electronic signature
Identification of the copyrighted work claimed to be infringed
Identification of the allegedly infringing material and sufficient info to locate it (workspace, file name, URL/path, timestamps)
Your contact information (address, phone, email)
A statement that you have a good-faith belief the use is not authorized
A statement, under penalty of perjury, that the information is accurate and you are the owner or authorized agent

Send notices to:
DMCA Agent — Truelux Marketing, LLC
Email: prestotms@trueluxmarketing.com
Address: 5850 E Hwy 44, Alice, Texas, 78332 USA

2. Counter-Notification

If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice including:

Your signature
Identification of the removed material and location before removal
A statement under penalty of perjury that removal was a mistake or misidentification
Your name, address, phone, email
Consent to jurisdiction of the federal court in your district (or if outside the U.S., a Texas federal court) and acceptance of service of process from the complainant

3. Repeat Infringers

We may terminate accounts of repeat infringers in appropriate circumstances.