TERMS OF SERVICE

Niche Up, LLC

Website: https://nicheup.com
Effective Date: October 22, 2026

1. Introduction and Acceptance of Terms

Welcome to Niche Up!

These Terms of Service (“Terms”) govern your access to and use of nicheup.com (the “Website”), including browsing properties, submitting purchase orders, making payments, and using services made available through the Website.

The Website is operated by Niche Up, LLC (“Niche Up,” “we,” “us,” or “our”).

By accessing or using the Website, you agree to these Terms, our Privacy Policy, and any additional terms expressly presented to you in connection with a property transaction.

If you do not agree to these Terms, please do not use the Website.

2. Our Business Model

Niche Up operates an online platform designed to simplify the process of discovering and purchasing available land.

Through our Website, customers can browse property listings, review available information, select properties, and submit purchase orders.

Niche Up works with B&G Landholdings, a separate affiliated company, to facilitate the post-order processing, documentation, and coordination necessary for applicable real estate transactions.

Niche Up operates the online purchasing platform and receives payments through its designated payment-processing system.

B&G Landholdings coordinates the subsequent transaction process, including applicable documentation and property-transfer arrangements.

The identity of the legal seller, the parties' contractual responsibilities, and the terms governing any particular property transaction will be established through the applicable transaction documents.

A completed online payment does not, by itself, constitute a transfer of legal title to real property.

3. Property Listings and Information

Niche Up makes reasonable efforts to present property information accurately.

Property listings may include:

• Property location and subdivision

• Parcel or lot identification

• Available property dimensions

• Road access information

• Purchase price

• Estimated or stated closing costs

• Additional property characteristics

Property information may be obtained from public records, third-party providers, or information supplied by property owners and affiliated companies.

While we strive for accuracy, property information may contain errors, omissions, or changes.

Photographs, maps, illustrations, boundaries, and visual representations may be provided for informational purposes and may not constitute a legal survey.

Buyers are encouraged to independently verify property boundaries, zoning, legal access, permitted uses, utilities, environmental conditions, restrictions, and other matters material to their purchase.

Unless expressly stated in the applicable purchase agreement, Niche Up does not guarantee that a property is suitable for a particular construction project, investment strategy, or intended use.

4. Property Availability

All property listings are subject to availability and confirmation.

A property displayed on the Website may become unavailable because of a prior sale, withdrawal, listing error, or other circumstances.

Niche Up reserves the right to correct listing errors, update property information, and remove unavailable properties.

If a purchase order cannot be fulfilled because a property is unavailable or an order cannot be completed, the customer will be contacted and any funds collected will be handled according to the applicable transaction agreement and law.

5. Pricing and Closing Costs

Each property listing displays the applicable purchase price and any closing costs disclosed through the Website.

Closing costs may include, where applicable:

• Closing or transaction processing fees

• Title searches

• Title insurance

• Recording fees

• Documentary stamp taxes

• Other applicable transaction expenses

Customers should review the applicable breakdown before submitting payment.

Niche Up makes reasonable efforts to present accurate pricing. Any confirmed material pricing discrepancy will be addressed before the applicable transaction is finalized.

Closing expenses, documentary taxes, and related charges depend on the circumstances of the transaction and applicable law.

The allocation and final treatment of those charges will be governed by the applicable purchase agreement, closing documentation, and legal requirements.

6. Online Orders and Payments

When a customer places an order through Niche Up, the customer authorizes payment of the amount displayed and accepted at checkout, subject to the applicable transaction terms.

Payments are processed through payment services available on the Website.

Customers agree to provide accurate, complete, and current billing and contact information.

Niche Up may review orders for accuracy, availability, fraud prevention, regulatory compliance, and transaction-processing requirements.

An electronic order confirmation acknowledges receipt of an order and payment information. It does not independently establish that a deed has been delivered, recorded, or that legal ownership has transferred.

Any additional contract-execution requirements will be communicated as part of the applicable real estate transaction.

7. Property Closing and Ownership Transfer

Following an eligible purchase order, the relevant customer and transaction information will be provided to B&G Landholdings and any other authorized parties involved in completing the transaction.

The post-order process may include:

• Verification of buyer information

• Confirmation of parcel details and availability

• Preparation and review of transaction documents

• Title-related procedures

• Execution of required agreements

• Recording of applicable instruments

• Coordination of the transfer of ownership

The specific steps, responsibilities, documents, and timing will depend on the applicable property and transaction agreement.

Property ownership transfers only upon satisfaction of the applicable legal and contractual requirements.

Niche Up does not represent that ownership transfers automatically or instantaneously upon online payment.

8. Buyer Responsibilities and Due Diligence

Buying vacant land involves considerations different from purchasing ordinary consumer merchandise.

Customers are responsible for reviewing property information and obtaining any independent professional advice they consider necessary.

Matters that may require verification include:

• Legal property boundaries and access

• Zoning and permitted uses

• Building and development restrictions

• Utility availability

• Flood zones and environmental conditions

• Property taxes and assessments

• Easements, liens, and title matters

• Homeowners' or property owners' association requirements, where applicable

Buyers should not assume that vacant land is buildable, immediately developable, or suitable for a particular purpose unless this has been independently verified.

Nothing in these Terms limits disclosures or obligations imposed by applicable law or the express representations contained in the property-specific purchase agreement.

9. Cancellations and Refunds

The cancellation and refund rights applicable to a land purchase depend on the specific transaction, its contractual terms, and applicable law.

Any property-specific purchase agreement, deposit agreement, or legally required cancellation notice will govern the applicable rights and deadlines.

These Terms do not create an automatic right to cancel a real estate transaction after payment, nor do they eliminate any cancellation or refund rights required by law.

Customers should review the applicable cancellation and refund conditions before authorizing payment.

If an order cannot proceed because the property is unavailable, the transaction is not accepted, or another circumstance prevents completion, the treatment of payments will be determined under the applicable transaction documents and legal requirements.

Customers may contact Niche Up at info@nicheup.com regarding an order or refund inquiry.

10. Promotional Offers and Discounts

Niche Up may periodically offer promotional pricing, discounts, or special purchasing incentives.

Promotions may be subject to additional eligibility requirements, expiration dates, property restrictions, usage limitations, and specific terms.

Unless expressly stated otherwise:

• Promotions are not redeemable for cash.

• Discounts cannot be applied retroactively to completed transactions.

• Multiple promotions may not be combined when prohibited by the applicable offer.

• Discounts apply only to the eligible portions of a transaction.

• Fraudulent or unauthorized promotional activity may result in rejection of a claimed benefit.

Specific promotional terms will be disclosed with the applicable offer.

Niche Up may modify or discontinue promotions prospectively, subject to applicable law and any rights already established.

11. No Investment or Financial Guarantees

Niche Up provides access to land-purchase opportunities.

The purchase of real property involves financial risks, and land values may increase, decrease, or remain unchanged.

Niche Up does not guarantee:

• Appreciation in property value

• Investment returns or profits

• Protection against inflation

• Future development approval

• Resale opportunities or liquidity

• Specific financial outcomes

Statements concerning wealth building, future opportunities, or potential property value are general informational or promotional statements and should not be interpreted as guarantees.

Customers should make purchasing decisions based on their own circumstances and, when appropriate, advice from qualified professionals.

12. Electronic Communications and Documents

By using the Website and providing contact information in connection with an order, you agree to receive transaction-related communications electronically, to the extent permitted by law.

These communications may include order confirmations, requests for required information, transaction updates, contract documents, and closing-related notifications.

Where legally permissible and agreed to by the relevant parties, electronic documents and electronic signatures may be used.

Certain real estate documents may require additional formalities, including witnessing, notarization, or recording.

Marketing emails or text messages are subject to separate consent requirements where applicable. Purchasing a property does not automatically constitute consent to receive unrelated promotional communications.

13. Customer Information and Data Sharing

Niche Up collects information necessary to operate the Website, process orders, communicate with customers, and facilitate property transactions.

Because B&G Landholdings coordinates applicable post-order activities, relevant customer and transaction information may be shared with B&G Landholdings and authorized transaction participants for those purposes.

This may include buyer identification and contact details, property selections, purchase information, transaction records, and documents reasonably necessary to process and complete the transaction.

Personal information will be handled in accordance with our Privacy Policy and applicable law.

Any additional transaction-specific consent or acknowledgment required by law or the applicable workflow will be presented separately.

14. Website Use and Prohibited Activities

You agree to use the Website only for lawful purposes.

You may not:

• Provide fraudulent identity or payment information.

• Interfere with Website functionality or security.

• Attempt unauthorized access to systems or customer accounts.

• Misuse promotional programs.

• Submit orders using stolen or unauthorized payment methods.

• Use automated systems to disrupt Website operations.

Niche Up may restrict access or investigate suspicious activity to protect the Website and its users, subject to applicable law.

15. Intellectual Property

The Niche Up name, branding, logos, original content, graphics, Website design, and other protected materials are owned by or licensed to their respective rights holders.

You may not reproduce, distribute, or commercially exploit protected Website content without authorization, except as permitted by applicable law.

Third-party trademarks and materials remain the property of their respective owners.

16. Third-Party Services

The Website uses third-party technology and service providers, including e-commerce infrastructure, payment processors, analytics tools, and other business systems.

Certain functions may be subject to the terms and privacy practices of those providers.

Niche Up is not responsible for third-party services beyond the extent required by applicable law or an express agreement.

17. Website Availability and Technical Errors

We work to maintain a reliable and accessible purchasing experience.

However, uninterrupted availability of the Website cannot be guaranteed.

Temporary outages, technical problems, inaccurate displays, or third-party service interruptions may occur.

Niche Up may correct technical errors and update the Website as reasonably necessary.

Any effect on a submitted order or property transaction will be handled in accordance with the applicable agreement and law.

18. Disclaimer of Warranties

To the extent permitted by applicable law, the Website and its general informational content are provided on an “as available” basis.

Niche Up does not guarantee that Website content will always be complete, current, uninterrupted, or error-free.

This provision does not disclaim any express obligation under an applicable real estate purchase agreement, any warranty that cannot lawfully be excluded, or responsibility for fraud or legally actionable misrepresentations.

19. Limitation of Liability

To the extent permitted by applicable law, Niche Up will not be responsible for indirect or consequential damages resulting solely from the use or unavailability of the Website.

Nothing in these Terms limits liability that cannot legally be excluded, including liability arising from fraud, intentional misconduct, or rights expressly protected by applicable law.

The rights and remedies of the parties to a property purchase will also be governed by the applicable transaction agreement.

20. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without prejudice to mandatory legal protections that may apply.

Any disputes relating specifically to a property purchase may also be governed by the applicable real estate transaction documents.

21. Changes to These Terms

Niche Up may update these Terms to reflect operational, legal, regulatory, or service changes.

The updated version will be published on the Website with its applicable effective date.

Changes will not retroactively alter existing property-purchase contracts except as permitted by law or agreed to by the parties.

22. Contact Information

For questions regarding these Terms, Website services, or a purchase order, please contact:

Niche Up, LLC
Website: https://nicheup.com
Email: info@nicheup.com

Additional legally required business identification and contact information will be provided through the Website or the applicable transaction documents.

Important Notice: These Terms govern use of the Niche Up Website and related online services. They are not a substitute for a property-specific purchase agreement, deed, title documentation, required disclosures, or other documents necessary to complete a real estate transaction.