Legal

Terms of Service

Effective Date: January 1, 2025 · Last Updated: January 1, 2025

Important: CaliberSeg provides cost segregation studies prepared using proprietary technology and signed by Specialized Tax Engineers. Our studies are engineering reports — they are not tax advice, legal advice, or financial advice. Always consult a qualified tax professional (CPA, EA, or tax attorney) before making tax elections based on our reports.

1. Acceptance of Terms

By accessing or using the CaliberSeg website, platform, or services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services. "You" means any individual or entity accessing the Services. "We," "us," or "CaliberSeg" refers to CaliberSeg LLC.

2. Description of Services

CaliberSeg provides cost segregation studies for investment properties. Our process involves collecting property information and documentation from you, analyzing components using our proprietary technology (The Caliber Engine), and having a Specialized Tax Engineer review, validate, and sign the final report. The deliverable is a PDF report containing asset classifications, depreciation schedules, and supporting documentation designed for use by your tax professional.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms. If you are using the Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

4. Account Registration

To order a study, you must create an account by providing a valid email address and authenticating via email magic link or Google OAuth. You are responsible for maintaining the security of your account and for all activity under it. You must immediately notify us of any unauthorized use.

5. Orders and Payment

5.1 Pricing

Study pricing is based on the purchase price of the subject property, as described on our pricing page. Add-ons (lookback study, rush delivery, audit defense) are priced separately. All prices are in U.S. dollars and are subject to change. The price quoted at the time of checkout is the price you will be charged.

5.2 Payment Processing

Payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe's terms of service. We do not store your full credit card information on our servers. Payment is due at the time of checkout before your study enters the engineering queue.

5.3 Refund Policy

If we are unable to produce a study for your property (for example, if the property type is outside our scope or if we determine we cannot produce a defensible study), we will issue a full refund. Once a completed study has been delivered, refunds are not available, as the deliverable constitutes a professional engineering report. If you believe there is an error in your report, contact us within 30 days of delivery and we will review and correct any verified inaccuracies at no additional charge.

6. Your Responsibilities

You agree to provide accurate, complete, and truthful information about your property, including but not limited to purchase price, construction details, renovation history, and photographs. The quality and accuracy of your study depends on the information you provide. You represent that you are the legal owner of the property or have authorization from the owner to order a study.

7. Study Delivery and Timeline

Delivery timelines begin when you have completed the property questionnaire and uploaded all required documents. Standard delivery is 3–5 business days; rush delivery is within 48 hours. Timelines are estimates and may vary based on property complexity, engineer availability, and the completeness of your submission. We will notify you of any anticipated delays.

8. Limitations of Service

Our studies are engineering analyses intended to identify depreciable components and their appropriate IRS MACRS classifications. Our studies are not tax advice, legal advice, investment advice, property appraisals, or guarantees of tax savings. Estimated savings shown in our calculator, marketing materials, or study reports are based on engineering analysis and standard depreciation calculations — actual tax savings depend on your specific tax situation, filing status, and the decisions of your tax professional. You should consult a qualified CPA, enrolled agent, or tax attorney before implementing the results of any cost segregation study.

9. Intellectual Property

All content, technology, software, methodologies, and proprietary processes used to produce our studies are the property of CaliberSeg and are protected by applicable intellectual property laws. Upon delivery and payment in full, you receive a non-exclusive license to use the study report for its intended purpose (tax filing for the subject property). You may share the report with your CPA, tax attorney, or the IRS. You may not resell, redistribute, reverse-engineer, or use the report for any property other than the subject property.

10. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, store, and protect your information. By using the Services, you consent to the data practices described therein.

11. Engineer Review and Certification

Every study is reviewed, validated, and signed by a Specialized Tax Engineer. Engineers engaged by CaliberSeg are independent contractors holding appropriate professional qualifications — Professional Engineer (PE) licensure, accredited engineering degrees (BSCE / BSME / BSIE), or recognized cost-estimation certifications (AACE, ASPE). The engineer's signature certifies that the study was prepared in accordance with IRS guidelines, including the Cost Segregation Audit Techniques Guide (Publication 5653). Credentials are verified by CaliberSeg, and each engineer is responsible for maintaining their own professional standing.

12. Audit Defense

If you purchase the Audit Defense add-on, CaliberSeg will provide documentation support if the cost segregation study is examined by the IRS. This includes responding to document requests, preparing explanatory materials, and supporting your CPA in addressing IRS inquiries related to the study. Audit defense coverage lasts for three (3) years from the date of study delivery. Audit defense does not include legal representation, tax court representation, or coverage for tax positions unrelated to the cost segregation study.

13. Limitation of Liability

To the maximum extent permitted by law, CaliberSeg's total liability for any claim arising from these Terms or the Services shall not exceed the amount you paid for the specific study giving rise to the claim. In no event shall CaliberSeg be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost tax savings, penalties, interest, or damages arising from IRS audit adjustments, regardless of whether CaliberSeg was advised of the possibility of such damages.

14. Indemnification

You agree to indemnify and hold harmless CaliberSeg, its officers, employees, engineers, and contractors from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your breach of these Terms, or your provision of inaccurate or incomplete information.

15. Dispute Resolution

Any dispute arising from these Terms or the Services shall first be addressed through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted in the state of Delaware. Each party bears its own costs. You agree to waive any right to participate in class actions.

16. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or by posting a notice on our website. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

17. Termination

We may suspend or terminate your access to the Services at our discretion if you violate these Terms, provide false information, or engage in activity that harms CaliberSeg or other users. Upon termination, any studies already delivered remain subject to these Terms. No refunds are issued for termination due to violations.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

19. Contact

For questions about these Terms, contact us at legal@caliberseg.com.