Terms & Conditions

These Terms govern your access to and use of the Service ("Service"), which is provided by Excess Quest LLC, a Delaware limited liability company, with its registered office at 8 The Green, STE A, Dover, DE 19901, United States ("Excess Quest", "we", "us", or "our"). Our iOS application is distributed on the Apple App Store under the developer account of Excess Quest Ltd, a separate company organized under the laws of England and Wales and under common ownership with Excess Quest LLC. Your contract for the Service is with Excess Quest LLC; Excess Quest Ltd's role is limited to App Store distribution and is not a party to these Terms.

By creating an account on Surplus Funds List, accessing any of our Services, or providing payment information, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety. If you do not agree to any provision of these Terms, you must immediately discontinue use of the platform and terminate your account.

We reserve the right to update, modify, or revise these Terms & Conditions at any time without prior notice. Continued use of any Service following such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

Definitions

• "Platform" or "Services" refers to the Surplus Funds List software platform operated by Excess Quest LLC, including but not limited to the web application at surplusfundslist.com, the CRM system, leads database, power dialer, SMS and email communication tools, AI assistant (Ivy), e-signature functionality, document templates, and any mobile or desktop applications, browser extensions, APIs, or other formats through which the Services are delivered now or in the future.
• "You," "Your," or "Subscriber" refers to any individual, business entity, or organization that creates an account, subscribes to a plan, or otherwise accesses or uses the Platform, including their employees, contractors, agents, team members, and any third parties granted access to the account.
• "Surplus Funds" or "Excess Proceeds" refers to any overage, surplus, or excess funds resulting from tax sales, foreclosure auctions, mortgage overages, or similar governmental or judicial proceedings, regardless of the terminology used in your jurisdiction.
• "CRM" refers to the customer relationship management system provided as part of the Platform, including pipeline management, case tracking, contact management, task management, and related features.
• "Content" refers to any data, text, files, documents, templates, images, or other materials uploaded to, generated by, or transmitted through the Platform.

1. Subscriptions and Billing

1.1 Subscription Plans

By subscribing to any Surplus Funds List plan, you acknowledge that you are purchasing access to a subscription-based software service. Subscription fees are billed on a recurring basis (monthly or annually, depending on the plan selected) and are non-refundable. All plan details, pricing, and included features are as described on our pricing page at the time of purchase.

1.2 Recurring Charges and Authorization

By providing your payment information, you authorize Excess Quest to charge the applicable subscription fees, usage-based charges, and any additional fees to your payment method on file on a recurring basis. These charges will be processed automatically according to your billing cycle. You agree to maintain a valid and active payment method at all times while your account is active.

1.3 Usage-Based Charges

In addition to your base subscription fee, you may incur usage-based charges, including but not limited to:

• Outbound and inbound phone calls made or received through the power dialer
• SMS messages sent or received through the Platform
• Phone number provisioning and maintenance
• Ivy AI assistant credits beyond your plan allocation
• Additional team seats beyond your plan inclusion
• Email sends beyond any applicable limits
• Any premium features, add-ons, or integrations not included in your base plan

Usage-based charges are calculated and applied according to the rates published on our pricing page or communicated to you at the time of activation. Rates are subject to change with reasonable notice.

1.4 No Refunds

All payments made to Excess Quest, including subscription fees, usage fees, overage charges, and any other charges, are final and non-refundable under any circumstances, including but not limited to voluntary account cancellation, involuntary account termination for Terms violations, service dissatisfaction, partial-month usage, or platform downtime. By subscribing, you waive any right to a refund of amounts already paid.

1.5 Cancellation

You may cancel your subscription and delete your account at any time by navigating to Settings, Personal, Delete Account inside the application. For cancellation or billing questions, email [email protected]. To exercise data-deletion or other rights under our Privacy Policy, email [email protected]. Account deletion follows the data retention policy described in our Privacy Policy (20-day removal window, with statutory carve-outs for tax, anti-money-laundering, and dispute-resolution obligations).

2. Chargebacks, Disputes, and Legal Recourse

You agree that you will not initiate a chargeback, payment dispute, or refund request through your bank, credit card issuer, or any payment processor for any charges incurred under these Terms. In the event that you initiate a chargeback or dispute:

• Excess Quest reserves the right to immediately and permanently terminate your account and all associated Services without prior notice.
• You will be permanently prohibited from creating new accounts or accessing the Platform in the future.
• Excess Quest reserves the right to pursue all available legal remedies to recover any amounts owed, plus any costs, processing fees, administrative expenses, and reasonable attorney's fees incurred as a result of the dispute.
• You acknowledge and agree that initiating a chargeback constitutes a breach of these Terms.

3. Customer Responsibilities

3.1 Account Security and Data Management

You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username, password, and any API keys or access tokens. You are responsible for all activity that occurs under your account, whether authorized or unauthorized. Excess Quest is not responsible for any unauthorized access to your account resulting from your failure to safeguard your credentials, your sharing of login information with employees, contractors, or third parties, or any security breach on your end.

You are solely responsible for maintaining, managing, backing up, and securing all data stored within your CRM, including personal information, case files, documents, contact records, and any other data you or your team members upload or generate through the Platform. Excess Quest does not guarantee the preservation, backup, or recoverability of your data and shall have no liability for data loss, corruption, or unauthorized access.

3.2 Compliance with Applicable Laws

You are solely responsible for ensuring that your use of the Platform and your business operations comply with all applicable local, state, and federal laws and regulations, including but not limited to:

• State-specific surplus funds recovery statutes and regulations
• Foreclosure, tax lien, and tax sale laws in all jurisdictions where you operate
• Consumer protection laws and fair business practices
• Privacy laws including the California Consumer Privacy Act (CCPA), state privacy statutes, and the General Data Protection Regulation (GDPR) where applicable
• The Health Insurance Portability and Accountability Act (HIPAA), if applicable to your operations
• Any licensing, registration, or bonding requirements imposed by your state or local jurisdiction for surplus funds recovery activities
• Anti-spam laws including the CAN-SPAM Act

Excess Quest does not monitor, audit, or verify your compliance with any laws or regulations. Your failure to comply with applicable laws is solely your responsibility, and Excess Quest shall bear no liability for any penalties, fines, legal actions, or damages arising from your non-compliance.

4. A2P Messaging, SMS, and Email Communication Terms

4.1 A2P Compliance Responsibility

The Platform provides Application-to-Person (A2P) messaging capabilities, including SMS text messaging and email communication tools. You are solely and exclusively responsible for ensuring that your use of these communication tools complies with all applicable A2P messaging regulations, industry standards, and carrier requirements, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and all amendments thereto
• CTIA Messaging Principles and Best Practices
• All wireless carrier messaging policies and A2P registration requirements (including 10DLC campaign registration, toll-free verification, and short code approval)
• The CAN-SPAM Act for all email communications
• Any state-specific telemarketing, robocalling, or electronic communication laws
• Federal Communications Commission (FCC) rules and orders regarding automated communications

4.2 Consent Requirements

You are required to obtain proper, documented prior express written consent from each recipient before sending any SMS messages, automated calls, or marketing communications through the Platform. You must maintain records of all consents obtained. You acknowledge that sending unsolicited messages, messages to individuals who have not provided consent, or messages that violate opt-out requests may result in significant legal liability, carrier penalties, and immediate suspension of your messaging capabilities.

4.3 SMS Opt-Out and Compliance

You must honor all opt-out requests promptly and maintain an internal suppression list of individuals who have opted out of receiving messages. You must include opt-out instructions in your messages as required by law and industry standards. Failure to process opt-out requests may result in suspension of your messaging access without notice.

4.4 Message Content

You are solely responsible for the content of all messages sent through the Platform. You agree not to send messages that contain false, misleading, or deceptive content, or that violate any applicable laws. Excess Quest does not review, approve, or endorse the content of messages you send and assumes no responsibility for message content.

4.5 Carrier and Third-Party Actions

Wireless carriers, email service providers, and other third-party intermediaries may filter, block, delay, or refuse to deliver messages sent through the Platform at their sole discretion. Excess Quest does not guarantee message deliverability and shall not be liable for messages that are not delivered, are delayed, or are filtered by carriers or service providers.

4.6 No Liability for A2P Violations

Excess Quest provides communication tools as part of the Platform but does not control how you use them. Excess Quest shall have no liability for any fines, penalties, lawsuits, regulatory actions, carrier sanctions, or damages of any kind arising from your failure to comply with A2P messaging regulations, the TCPA, CTIA guidelines, carrier policies, the CAN-SPAM Act, or any other applicable laws governing electronic communications.

5. Do-Not-Call (DNC) Compliance

You are solely responsible for complying with the National Do-Not-Call Registry regulations, state-specific DNC lists, and all applicable telemarketing laws and regulations when conducting phone-based outreach through the Platform.

You acknowledge and agree that:

• You are responsible for scrubbing your call lists against the National DNC Registry and any applicable state DNC registries before initiating outbound calls.
• You are responsible for maintaining your own internal DNC list of individuals who have requested not to be contacted and honoring those requests within the timeframes required by law.
• While the Platform may provide DNC-scrubbed data as part of certain plans, this does not relieve you of your independent obligation to verify DNC compliance before each outreach campaign. DNC registries are updated frequently, and data may not reflect the most current registrations.
• Excess Quest shall have no liability for any fines, penalties, lawsuits, or damages resulting from your violation of DNC regulations, regardless of whether the Platform provided DNC-scrubbed data.

6. Surplus Funds Data, Leads, and Estimated Amounts

6.1 Data Accuracy and Estimated Amounts

The surplus funds data, lead information, and estimated claim amounts provided through the Platform are compiled from publicly available sources, including county records, court filings, tax sale records, and other governmental databases. All surplus fund amounts displayed on the Platform are estimates only and are not guaranteed to be accurate, complete, or current.

You acknowledge and understand that the actual amount of surplus funds available for recovery may differ, sometimes significantly, from the estimated amount displayed on the Platform due to numerous factors including but not limited to:

• Outstanding property tax liens, municipal liens, or special assessments
• Mortgage balances, second mortgages, or home equity lines of credit
• Accrued interest, penalties, fees, or administrative costs assessed by the county or court
• IRS tax liens, state tax liens, or federal liens
• Homeowner association (HOA) liens or code enforcement liens
• Judgments, garnishments, or other encumbrances against the property or property owner
• Prior claims filed by other parties, including competing recovery professionals
• Errors, omissions, or delays in the source data provided by governmental agencies
• Changes in the status of the case, including partial disbursements, court orders, or administrative actions
• Statute of limitations or escheatment deadlines that may have passed

6.2 No Guarantee of Recovery

Excess Quest makes no representations, warranties, or guarantees regarding the availability, collectability, or actual amount of any surplus funds associated with any lead or case on the Platform. The presence of a lead on the Platform does not guarantee that surplus funds exist, that they are claimable, that the listed amount is accurate, or that recovery will be successful. You assume all risk associated with pursuing any lead or case.

6.3 No Liability for Data Discrepancies

Excess Quest shall have no liability whatsoever for any discrepancy between the estimated surplus funds amount displayed on the Platform and the actual amount recovered (if any), including situations where no funds are ultimately available for recovery. You agree that you will not hold Excess Quest responsible for business decisions, expenses, time invested, or opportunity costs based on estimated data provided through the Platform.

6.4 Independent Verification

You are solely responsible for independently verifying all surplus funds data, lead information, property records, and estimated amounts through the appropriate county, court, or governmental agency before acting on any information obtained through the Platform. The Platform is a research and productivity tool, not a substitute for independent due diligence.

7. Role and Limitations of Excess Quest

7.1 Software Provider Only

Excess Quest is strictly a technology and software provider. We do not engage in, participate in, facilitate, or assist in the actual recovery of surplus funds. We do not act as your agent, attorney, partner, fiduciary, or representative in any capacity. Your business activities, client relationships, and recovery operations are entirely separate from Excess Quest.

7.2 No Legal, Tax, Financial, or Compliance Advice

Nothing provided through the Platform, including data, templates, document generators, AI assistant responses, educational resources, support communications, or any other content, constitutes legal advice, tax advice, financial advice, or compliance guidance. The information and tools provided are for general informational and productivity purposes only. You must consult with qualified legal, tax, and financial professionals regarding your specific situation, business structure, regulatory obligations, and compliance requirements.

7.3 AI Assistant Disclaimer

The Ivy AI assistant is a productivity tool that generates responses based on general information. AI-generated content may contain inaccuracies, errors, or outdated information. You must independently verify all AI-generated content before relying on it for business decisions, client communications, or legal filings. Excess Quest makes no warranties regarding the accuracy, completeness, or legal sufficiency of any content generated by the AI assistant.

7.4 Document Templates Disclaimer

Any document templates, sample letters, or form documents provided through the Platform are for general reference purposes only. They are not tailored to your specific jurisdiction, circumstances, or legal requirements. You are solely responsible for ensuring that any documents you use or send comply with all applicable laws in your jurisdiction. Excess Quest recommends that you have all documents reviewed by a qualified attorney before use.

8. Acceptable Use and Prohibited Conduct

You agree not to use the Platform to:

• Violate any applicable local, state, federal, or international laws or regulations
• Send unsolicited communications, spam, or messages in violation of the TCPA, CAN-SPAM Act, or other anti-spam laws
• Engage in fraudulent, deceptive, or misleading business practices
• Harass, threaten, or intimidate any individual
• Impersonate any person, business, or governmental entity
• Attempt to gain unauthorized access to the Platform, other user accounts, or our infrastructure
• Reverse engineer, decompile, or disassemble any aspect of the Platform
• Scrape, extract, or harvest data from the Platform for unauthorized purposes
• Resell, sublicense, or redistribute access to the Platform or its data without express written authorization
• Upload malware, viruses, or other harmful code

Violation of this section may result in immediate account termination without refund and, where appropriate, referral to law enforcement authorities.

9. Intellectual Property and Data Ownership

The Platform, including all software, designs, trademarks, logos, interfaces, features, and proprietary data, is the exclusive property of Excess Quest LLC and is protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes during your active subscription period.

You retain ownership of the data you upload to the Platform. However, by using the Platform, you grant Excess Quest a limited license to process, store, and transmit your data solely as necessary to provide the Services. Upon account termination, Excess Quest may delete your data in accordance with our data retention policies.

10. Disclaimer of Warranties and Assumption of Risk

10.1 "As Is" Provision

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCESS QUEST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 No Guarantee of Results

Excess Quest makes no representations or guarantees regarding the results you will achieve through use of the Platform. The success of your surplus funds recovery business depends on numerous factors outside our control, including your skill, effort, market conditions, competition, regulatory environment, and individual case circumstances. Past performance or testimonials from other users do not guarantee future results.

10.3 Platform Availability

We do not guarantee uninterrupted, error-free, or secure access to the Platform. The Platform may experience downtime for maintenance, updates, or due to circumstances beyond our control. Excess Quest shall not be liable for any loss or damage resulting from Platform unavailability.

10.4 Assumption of Risk

You acknowledge that the surplus funds recovery industry carries inherent legal, regulatory, financial, and operational risks. You voluntarily assume all risks associated with your business activities, including potential lawsuits, regulatory investigations, audits, licensing disputes, competing claims, and financial losses. Excess Quest shall not be held liable for any adverse outcomes resulting from your business operations or your use of the Platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXCESS QUEST LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF EXCESS QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EXCESS QUEST FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO EXCESS QUEST IN SUBSCRIPTION FEES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Excess Quest LLC, its officers, directors, employees, contractors, affiliates, agents, and licensors from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or related to:

• Your use of or access to the Platform
• Your violation of these Terms & Conditions
• Your violation of any applicable law, statute, rule, or regulation, including surplus funds recovery laws, privacy laws, A2P messaging regulations, DNC regulations, the TCPA, the CAN-SPAM Act, or any other applicable law
• Any claims by third parties (including your clients, property owners, governmental agencies, or regulatory bodies) arising from your business activities, communications, or use of the Platform
• Unauthorized access to your account by employees, contractors, or third parties
• Any content, data, or communications you transmit through the Platform
• Any dispute related to the accuracy of surplus funds data, estimated amounts, or lead information

This indemnification obligation shall survive the termination of your account and these Terms.

13. Account Termination

Excess Quest reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, non-payment, fraudulent activity, abusive behavior toward our staff, illegal use of the Platform, or receipt of legal or regulatory complaints regarding your activities.

Upon termination, your access to the Platform will cease immediately. No refunds will be issued for any remaining subscription period. Following termination of your account, Excess Quest will remove your account and associated personal data from active production systems within twenty (20) days, subject to the carve-outs described in our Privacy Policy (statutory retention obligations under tax, AML, and dispute-resolution rules; aggregated and de-identified data may be retained indefinitely).

Sections of these Terms that by their nature should survive termination, including but not limited to Sections 2 (Chargebacks), 5 (DNC), 6 (Surplus Funds Disclaimer), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law), shall survive termination of your account.

14. Governing Law and Dispute Resolution

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to waive any right to a jury trial or participation in a class action lawsuit.

15. Third-Party Services and Integrations

The Platform may integrate with or rely on third-party services, including but not limited to payment processors (Stripe), communication providers (Twilio), email services, and data providers. Your use of these third-party services is subject to their respective terms of service and privacy policies. Excess Quest is not responsible for the performance, availability, accuracy, or policies of any third-party service, and shall not be liable for any loss or damage arising from your use of third-party services accessed through the Platform. A complete list of current sub-processors is maintained in Section 4.1 of our Privacy Policy and is incorporated herein by reference.

16. Modifications to Services and Pricing

Excess Quest reserves the right to modify, update, discontinue, or remove any features, tools, or aspects of the Platform at any time without prior notice. We may also adjust pricing, usage rates, or plan structures. Material changes to pricing will be communicated to active subscribers in advance of the next billing cycle. Your continued use of the Platform following any modifications constitutes acceptance of such changes.

17. Severability

If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Excess Quest LLC regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. These Terms and our Privacy Policy are incorporated by reference into one another and should be read together.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us at: