Terms of Service

These terms govern use of the Xemptive platform, operated by Agile Dynamic LLC. By using the platform you agree to them. If you are agreeing on behalf of a company, you confirm you are authorized to do so.

1. What the service does

Xemptive helps Florida multifamily property owners pursue the affordable housing property tax exemption under s.196.1978(3), Florida Statutes. It screens properties for eligibility, collects and reviews resident income verification, generates the documents a certification requires, and tracks the FHFC and county appraiser calendar.

2. What Xemptive is not

Xemptive is not a law firm, a tax advisor, an appraiser, or an accountant, and nothing the platform produces is legal, tax or valuation advice. We are not affiliated with, endorsed by, or acting on behalf of the Florida Housing Finance Corporation, the Florida Department of Revenue, or any county property appraiser.

The platform's output is a determination based on the information entered and on published rules as we understand them. It is not a guarantee that FHFC will certify your property or that a county property appraiser will grant the exemption. Those decisions belong to those bodies.

Where the platform lacks an input it needs, it says so rather than estimating. A result marked as needing review is not an approval, and a figure shown with a missing input is not a limit you may rely on.

3. Your obligations

• The property, ownership, unit and rent information you enter is yours to warrant. We do not independently verify it, and the accuracy of what the platform produces depends on it.
• The FHFC Owner Certification is signed by you under penalty of perjury. Reviewing what you sign, and confirming it against your own records, is your responsibility and cannot be delegated to software.
• You are responsible for meeting statutory deadlines. The platform surfaces them; it does not file on your behalf.
• You will not use resident income data for any purpose other than this verification, will not attempt to obtain it through the platform, and will not use the platform to contact residents for any other reason.
• You will keep account credentials secure and will tell us promptly if you believe an account has been compromised.

4. Accounts and access

Accounts are created by Xemptive staff; there is no self-service sign-up. Access is limited to the organization your account belongs to. Sharing credentials across organizations is not permitted.

5. Resident data

Resident household and income data is handled as described in our Privacy Policy. You acknowledge that it is not disclosed to you or your staff, that this restriction is a condition of the residents' participation, and that requesting its disclosure is a breach of these terms.

6. Fees

Fees, billing periods and any minimum term are set out in the written agreement between your organization and Xemptive. Where those terms conflict with this document, that agreement governs.

7. Your data

You retain ownership of the data you put into the platform. You grant us the rights needed to host, process and display it in order to provide the service. On termination you may request an export of your organization's data; resident data is subject to the retention and deletion rules in the Privacy Policy and to any record-keeping obligation that applies to the filing.

8. Availability

We aim to keep the platform available and will give notice of planned maintenance where practical, but the service is provided without an uptime guarantee unless one is set out in your written agreement.

9. Disclaimers and limitation of liability

The platform is provided “as is” and, to the fullest extent permitted by law, without warranties of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by law, Xemptive is not liable for indirect, incidental, special or consequential damages, or for lost profits, lost tax savings, or the denial or revocation of an exemption. Our total liability arising out of or relating to the service is limited to the fees you paid in the twelve months before the claim arose.

10. Termination

Either party may terminate as set out in your written agreement. We may suspend access immediately where we reasonably believe it is being used to obtain resident data improperly, or in a way that puts other customers' data at risk.

11. Changes

We may update these terms. Material changes will be dated here, and continued use after a change means the updated terms apply.

12. Governing law

These terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and the state and federal courts of Florida have exclusive jurisdiction.

13. Contact

Xemptive, Florida. legal@xemptive.com.