Terms and Conditions
Effective Date: September 22, 2025
Last Updated: April 10, 2026
Overview and Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the provided applications, features, services, technologies, and software ("Website"), a platform that facilitates, among other things, community participation in asset acquisition as well as provides information. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Website.
These Terms constitute the entire agreement between you and Nestmarket Inc. ("Nestmarket," "we," "us," or "our") regarding your use of the Website and supersede any prior agreements.
Please refer to our Privacy Policy for details on how personal data is collected and used.
Acceptance of Terms
To access and use this Website, you hereby agree that you are:
Website Overview
We provide tools and services that may allow users to:
- Discover and evaluate fractional participation opportunities;
- Participate in community asset acquisition arrangements; and/or
- Access legal documentation and financial disclosures.
Account Registration
To use the Website, we may require you to create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials.
Legal Disclosures by Region
Our Website is offered throughout the world and are subject to federal, state, and local laws. While we strive to maintain compliance with applicable regulations, certain rights, obligations, and disclosures may vary.
Consumer Protection
We comply with the Consumer Review Fairness Act and applicable state laws that prohibit unfair contract terms, including restrictions on user feedback or reviews.
Privacy Rights
Residents of states with comprehensive privacy laws (e.g., California, Virginia, Colorado, Texas) may have additional rights regarding personal data, including access, deletion, and opt-out options. Please refer to our Privacy Policy for more details about privacy.
Ownership and Investment Disclosures
Fractional ownership offerings may be subject to state-specific securities regulations, licensing requirements, or escrow obligations. We provide relevant disclosures and documentation as required by law in your jurisdiction.
Cancellation and Refund Rights
Some states grant enhanced cancellation rights for digital or financial products. Where applicable, we shall honor these rights in accordance with the law.
Dispute Resolution
Unless otherwise required by law, disputes will be governed by as outlined below in the section titled Dispute Resolution.
Complies with General Data Protection Regulation (GDPR):
- Lawful basis for data processing
- Right to access, rectify, erase, and port data
- Cookie consent required before tracking
- Clear withdrawal rights for digital purchases (14-day cooling-off period)
Canada (Complies with PIPEDA): Consent-based data collection
UK (Complies with UK GDPR): Similar to EU GDPR with local enforcement
Australia (Complies with Privacy Act): Requires transparency and opt-out mechanisms
Ownership and Investment Risks
Fractional participation involves financial risk. You acknowledge:
- Asset values may fluctuate;
- Liquidity may be limited; and
- You may be subject to co-owner decisions and governance structures.
A user's rights purchased or otherwise granted through this Website apply solely to the digital representation of the asset and do not confer any ownership, control, physical, or manipulation rights over any asset that may be depicted, symbolized, or otherwise associated with the digital asset.
Pilot Rental Program
From time to time, Nestmarket may operate a pilot rental program in connection with one or more properties listed on the platform. This section describes the standard terms applicable to such programs. Property-specific terms (location, unit description, application timing) are published on the corresponding rental listing page.
Eligibility and selection
Any individual may apply through the pilot's published application process. Nestmarket may indicate priority groups for the pilot (for example, students or individuals serving in a public capacity such as educators, military personnel and veterans, healthcare workers, first responders, and park and wildlife staff). Priority indications are preferences only and do not exclude or disqualify any applicant.
Applications are evaluated against standard, fair-housing-defensible criteria including income and employment stability, references, rental history, and household compatibility with the unit. Final selection is at Nestmarket's discretion based on the completed full application. Nestmarket does not select applicants on the basis of any classification protected under the U.S. federal Fair Housing Act, the Florida Fair Housing Act, or any other applicable anti-discrimination law.
Application costs
Nestmarket covers all application costs for participants in the pilot rental program, including third-party screening and verification fees billed to Nestmarket. Applicants are not asked to pay an application fee for the pilot at any stage.
Rent-free first year
For the first selected renter of a designated pilot property, Nestmarket commits to a rent-free first year of tenancy. This commitment is funded by Nestmarket and applies only to the first selected pilot renter of that property. The rent-free benefit does not extend to subsequent renters of the same property and does not apply to any other property on the platform.
Rent after the first year — operating-costs-only mechanism
After the rent-free year, rent is calculated to cover only the actual operating costs of the property — including property taxes, insurance premiums, ordinary maintenance, and reasonable reserves — for as long as Nestmarket continues to manage the property. This operating-costs-only mechanism applies to the first selected renter as well as to any successor renters of the same property, for the duration of Nestmarket's management.
Rent calculated under this mechanism may rise or fall based on the property's actual operating expenses and is not fixed at any particular dollar amount or percentage relative to market rates. Plain-language references on the rental listing to rent landing “around half” of comparable market rent are descriptive estimates only and do not constitute a contractual cap or floor. The governing mechanism is the operating-costs-only calculation described in this section.
If Nestmarket ceases to manage the property (including but not limited to a sale, transfer, or change of operator outside of Nestmarket's control), the operating-costs-only mechanism no longer applies and the property is no longer subject to the pilot rental terms.
Occupancy and subleasing
Pilot is subject to evolution
The pilot rental program is a developmental initiative. Specific operational details (including the selection process and the rental listing copy) may evolve as the program matures. Material changes to the rent mechanism described above will be reflected in updated versions of these Terms and on the affected rental listing page.
Intellectual Property and Rights Therefor
All content on and/or derived from this Website, such as its expression and functionality – including, but not limited to inventions, text, graphics, logos, software, etc. – is the property of Nestmarket Inc. or its licensors, and is protected under U.S. and/or international intellectual property laws. You may not reproduce, distribute, or modify any content without express prior written permission.
User Conduct
You agree not to:
Modifications
We reserve the right to update or modify these Terms at any time. Changes will be posted with a revised effective date. Continued use of the Website after changes constitutes your acceptance.
Privacy
We collect and process personal information in accordance with the California Consumer Privacy Act (CCPA), as amended by the CPRA. Please refer to our Privacy Policy for details on:
- what data we collect;
- your rights to access, delete, or correct data; and
- how to opt out of data sharing.
Disclaimer of Warranties
Limitation of Liability
We cannot predict when issues might arise with our Website. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Website (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Website will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
Dispute Resolution
You and we each agree that any claim, cause of action, or dispute ("Dispute") between us or involving us that arises out of or relates to these Terms or your access or use of the Website shall be resolved exclusively in the U.S. District Court for the Northern District of Florida or a state court located in Duval County, Florida. You also agree to submit to the personal and in rem jurisdiction of either of these courts for the purpose of litigating the Dispute, and that the laws of the State of Florida will govern these Terms and any Dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you further agree that, in its sole discretion, Nestmarket may bring any Dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.
Termination
We may suspend or terminate your account for violations of these Terms or applicable law. You may terminate your account at any time.
Miscellaneous
Severability
If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can't be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
No Transfer
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
No Third-party Beneficiaries
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
User Name Change
We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
Contact Information
If you have questions about these Terms or want to provide any feedback, then please contact us at:
Email: info@nestmarket.com
Address:Nestmarket Inc.
7643 Gate Parkway
Suite 104-751
Jacksonville, FL 32256