Terms of Use

1. No Offer; 506(c) Offering Notice

The Services provide general information about airEquity and may include general solicitation materials for securities offered under Rule 506(c) of Regulation D under the Securities Act of 1933, as amended (the "Securities Act"). The information on the Services does not constitute an offer to sell or a solicitation of an offer to buy any security in any jurisdiction in which such offer or solicitation would be unlawful. Any offer or sale of securities will be made only to verified accredited investors through formal offering documents, including a Private Placement Memorandum ("PPM"), Subscription Agreement, Operating Agreement, and Escrow Agreement (collectively, the "Offering Documents"). In the event of any conflict between the Services and the Offering Documents, the Offering Documents control.

2. Accredited Investor Verification

Participation in a 506(c) offering is limited to "accredited investors" as defined in Rule 501(a) of Regulation D. You agree to provide accurate information and supporting documentation so that airEquity (or a third-party verifier) may take the "reasonable steps" required by Rule 506(c) to verify your accredited investor status. You represent that all information you provide is true, complete, and current, and you will promptly update us if it changes. We may rely on written confirmations from licensed attorneys, certified public accountants, registered broker-dealers, or registered investment advisers.

3. Eligibility

You must be at least 18 years old, a U.S. person, and legally able to enter into binding contracts in your jurisdiction. The Services are not directed to persons in jurisdictions where their use would be contrary to law. Access from outside the United States is at your own risk.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us immediately of any unauthorized access. We may suspend or terminate accounts that we believe pose a security or compliance risk.

5. Investment Risks

• Securities sold under Rule 506(c) are restricted securities and are not registered under the Securities Act or any state securities laws. They may not be resold or transferred absent registration or an available exemption.
• Investments in fractional short‑term rental real estate remain speculative, illiquid, and involve a degree of risk, including the risk of total loss of invested capital. That said, several airEquity features are designed to mitigate those risks: after closing, investors hold membership shares in a single-purpose Property LLC that holds title to its real estate, properties are held in separate LLCs to limit cross‑liability, and investments undergo due diligence and conservative underwriting. Professional property management, liability insurance, dedicated maintenance and operating reserves, clear title and title insurance where available, and ongoing performance monitoring further reduce certain market risks associated with operation and real estate ownership. These safeguards reduce volatility, but they do not eliminate the possibility of loss, possible declines in property value, or other adverse real estate market outcomes.
• No public trading market exists or is expected to exist for the securities.
• Past performance is not indicative of future results. Projections and forward-looking statements are inherently uncertain and may not be realized.
• You should consult your own legal, tax, and financial advisors before investing.

6. Refund Policy

Investor capital is sent directly to Enterprise Bank & Trust, an independent third-party escrow provider, and remains queued and unallocated until the investor selects a property offering. After the investor affirmatively reconfirms an allocation, a disclosed seventy-two (72) hour adjustment and cancellation window applies. Refund and withdrawal rights, exceptions, costs, and processing times are governed solely by the applicable Offering Documents and escrow instructions.

Expanded explanation:

• Escrow holding and timing: Investor funds are held by Enterprise Bank & Trust while queued. After an investor reconfirms a selected property allocation, the disclosed 72-hour window begins. Requests made during that window are handled under the Offering Documents and escrow instructions.
• Investor selection and reconfirmation: airEquity does not assign a property without investor action. The investor selects an available property offering and affirmatively reconfirms the allocation before capital becomes assigned.
• Refund mechanics: Refund or cancellation requests permitted under the Offering Documents will generally be returned to the original funding source or by other methods described by the escrow agent. Processing times may vary by payment method and banking cycles; expected timing for receipt of refunded funds will be provided with the refund confirmation.
• After the 72-hour cutoff: Once the 72-hour window after reconfirmation closes, the refund and withdrawal provisions in the applicable Offering Documents govern. Those provisions may restrict refunds, impose deadlines, permit refunds subject to transaction costs, or allow withdrawals only under specified circumstances (e.g., material failure of title, inability to close, or other contractual contingencies).
• Exceptions and contingencies: Certain events (court orders, regulatory holds, fraud, title defects, or force majeure) or specific terms in the Offering Documents or escrow agreement may affect refundability irrespective of timing. Any fees, third-party costs, or third-party claims that have been incurred on behalf of the investment prior to a refund request may be deducted in accordance with the Offering Documents or escrow agreement.
• Documentation and communications: All material terms governing refunds, investor reconfirmation, escrow details, allocation, assignment, and closing are set forth in the Offering Documents and escrow agreement. Investors should review those documents carefully; notices, ballots, and confirmations will be delivered via the communication channels described in the Services.
• Questions and support: For specific questions about a pending allocation or assignment, refund status, processing timelines, or how the Offering Documents apply in a particular case, contact investor relations or the escrow agent as provided in the Services and the applicable Offering Documents.

This explanation is for informational purposes; the definitive rights and obligations regarding refunds, withdrawals, allocations, and assignments are controlled by the Offering, Operating, Subscription and Escrow Agreements.

7. No Investment, Legal, or Tax Advice

airEquity is not a registered investment adviser, broker-dealer, attorney, accountant, or tax adviser. Nothing on the Services is investment, legal, tax, or accounting advice or a recommendation to buy, sell, or hold any security. You are solely responsible for evaluating any investment decision.

8. Communications and SMS Terms

By creating an account you agree to receive transactional communications electronically. If you separately opt in to SMS alerts through the airEquity text-alert sign-up form, you consent to receive recurring automated text messages from airEquity at the mobile number you provide.

• Opt-in method: you provide your mobile number on the web form at /sms-optin and check an unchecked consent box. No purchase, investment, or account creation is required to opt in, and consent is not a condition of investment or of using any airEquity service.
• Message types: account activity, security and one-time verification codes, new property offerings, funding and subscription confirmations, distribution and tax-document notices, and other investor-service updates.
• Message frequency: up to 6 messages per month; frequency may vary based on account activity.
• Rates: message and data rates may apply according to your wireless plan.
• Opt-out and help: reply STOP to cancel SMS alerts at any time. Reply HELP for help. You may also contact us at contactus@air-equity.com.
• Carriers: carriers are not liable for delayed or undelivered messages.

9. Intellectual Property

The Services and all content, software, design, logos, and trademarks are owned by airEquity or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial evaluation of an investment opportunity. All other rights are reserved.

10. Acceptable Use

You agree not to:

• Provide false, misleading, or stolen information;
• Access the Services on behalf of another person without authority;
• Scrape, reverse engineer, decompile, or interfere with the Services or their security;
• Use the Services for any unlawful purpose, including in violation of U.S. securities laws or sanctions; or
• Republish or redistribute Offering Documents or other confidential materials without our written consent.

11. Third-Party Services

The Services may rely on or link to third-party providers (e.g., identity verification, payment, escrow). We are not responsible for the content or practices of third parties and your use of those services is subject to their own terms.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIREQUITY OR ITS AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR INVESTMENT VALUE, ARISING OUT OF OR RELATED TO THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER THE FEDERAL SECURITIES LAWS.

14. Indemnification

You will indemnify and hold harmless airEquity and its affiliates from and against any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

15. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Except as otherwise required by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS in Orange County, California, before a single arbitrator, in accordance with the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court of competent jurisdiction. Consistent with California law (including the California Arbitration Act and McGill v. Citibank, N.A.), nothing in these Terms waives your right to seek public injunctive relief in a court of competent jurisdiction, and any provision to the contrary is severable. Each party waives any right to a jury trial and, to the fullest extent permitted by law, to participate in a class, collective, or representative action; this class action waiver is non-severable from the agreement to arbitrate, and if it is found unenforceable as to any claim, that claim must proceed in court rather than arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in Orange County, California, to protect intellectual property or confidential information, and you retain all non-waivable rights under the federal securities laws and the California Corporate Securities Law of 1968. You may opt out of this arbitration agreement by sending written notice to legal@air-equity.com within thirty (30) days of first accepting these Terms. California residents may also have rights under the California Consumer Privacy Act (CCPA/CPRA) as described in our Privacy Policy.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including if we believe you have violated these Terms or applicable law. Sections that by their nature should survive termination (including Sections 5, 7, 9, and 12–15) will survive.

17. Changes to These Terms

We may modify these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

18. Contact

airEquity Holdings, LLC
Email: legal@air-equity.com