RealEstateContent.AI
1.1 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors of the Website and users of the RealEstateContent.ai Service (“Users”). RealEstateContent.ai may modify these Terms at any time in our sole discretion by posting a notice on the Website. Continued use of the RealEstateContent.ai Service or the Website shall signify your asset to and acceptance of such revised terms. Any new features that may be added to the Website or the RealEstateContent.ai Service will be subject to these terms unless stated otherwise. It is your responsibility to review these Terms for any changes, you should visit this page periodically to review these Terms.
1.2 Accessing the Service. In order to access the RealEstateContent.ai Service and start creating user generated content, you must be a registered user. In order to access the RealEstateContent.ai Service you must be at least 18 years of age or older. The RealEstateContent.ai Service is not intended to be used by minors. We do not knowingly collect personal information from minors. If you are a minor, do not use or provide any information on the Website or through the RealEstateContent.ai Service or provide us with any information about yourself, including name, address, telephone number, email address or any screen name you may you. If we learn that we have collected or received personal information from a minor without verification of parental consent, we will delete the information.
1.3 Your Account. You may need to register for a RealEstateContent.ai account in order to access or use certain RealEstateContent.ai Services. Your account may automatically provide you with access and means to use the new RealEstateContent.ai Services that we create. When you create an account, you must provide us with accurate and complete information as prompted by the account creation and registration process and keep that information up to date. Otherwise, some of our RealEstateContent.ai Services may not operate correctly, and we may not be able to contact you with important notices. If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify us away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge. When registering for your account you must indicate which level of service you would like to receive, your selection will impact the fees payable by you to RealEstateContent.ai for the RealEstateContent.ai Service.
1.4 Service Updates. The RealEstateContent.ai Service may change without prior notice to you. We may also impose limits on certain aspects of the RealEstateContent.ai Service or restrict access to part or all of the RealEstateContent.ai Service without notice or liability. We may also from time to time, as we see fit, develop and provide updates of the RealEstateContent.ai Service. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). These Updates may include updated versions of our platform. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the RealEstateContent.ai Service. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any aspect of the RealEstateContent.ai Service.
1.5 Service Monitoring and Suspension. We may change, suspend, or discontinue any or all of the RealEstateContent.ai Service at any time, including the availability of any feature. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms or the spirit thereof, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for RealEstateContent.ai. or any other User, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuance or material modification of any RealEstateContent.ai Service, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the RealEstateContent.ai Service.
1.6 Security. We care about the security of our users. While we work hard to protect the security of your personal data, User-Generated Content (defined below), and account in accordance with our Privacy Policy, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any actual or suspected breach or unauthorized access or use of your account.
1.7 Communications. After signing up for an account, you may receive periodic email communications regarding the operations of the REALESTATECONTENT.AI Service. You may opt out of receiving these communications while you continue to use the REALESTATECONTENT.AI Service. You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or changing the email preferences in your account.
1.8 Third-Parties. You may enable or log in to the REALESTATECONTENT.AI Services and link various online third-party services, such as social media and social networking services like Facebook, Instagram or X (“Social Networking Services”). Logging in or directly integrating these Social Networking Services via the REALESTATECONTENT.AI may allow you to take advantage of additional features of the REALESTATECONTENT.AI Service, including but not limited to scheduled posting of User-Generated Content, defined below. To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember that the way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the REALESTATECONTENT.AI Service. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
1.9 Third Party Content. The REALESTATECONTENT.AI Service may contain links to third-party websites, content, advertisers, services, promotions, special offers, or other events or activities (“Third-Party Content”) that are not owned or controlled by us. We do not endorse or assume any responsibility for Third-Party Content. If you access or pay for Third-Party Content, you do so at your own risk and you agree that we have no associated liability.
2.1 For information about how REALESTATECONTENT.AI collects, uses, and shares your personal data, please review our Privacy Policy. We take the collection, use and security of the personal data that our users provide to us very seriously. By using the REALESTATECONTENT.AI Service you consent to the collection, use, and sharing of such personal data.
3.1 Fees. We may offer certain versions of the REALESTATECONTENT.AI Service for a fee, which may include additional services for the applicable users (“Premium Service”) If you purchase any Premium Service services through the Website or the REALESTATECONTENT.AI Service, you agree to pay the applicable fees presented to you at the time of purchase, which may include a monthly subscription fee, usage fees or other license fees (“Fees”).
3.2 Payment Method. Users hereby agree that all Fees shall be paid via REALESTATECONTENT.AI ’s third party payment processor and that all such payments will be governed by payment processor’s terms and conditions available on the applicable third party payment processor’s website, for more details please see our Privacy Policy.
3.3 Taxes. The Fees may be subject to applicable taxes which will be determined by REALESTATECONTENT.AI and added to the respective fees.
3.4 Fee Changes. To the maximum extent permitted by applicable laws, we may change our prices for the Premium Services at any time. We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service or by sending you an email communication. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the changes going into effect.
3.5 Refunds. REALESTATECONTENT.AI does not offer refunds for any purchases or subscriptions.
4.1 Definitions. For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without limitation, text, ideas, communications, information, data, copyrights, trademarks, and any intellectual property therein, any of which may be generated by a user on or through the REALESTATECONTENT.AI Service; (ii) the term “User-Generated Content” means any intellectual property that a User submits, transfers, or otherwise provides to or through the use of the REALESTATECONTENT.AI Services to create the Content.
4.2 Our License to You; Ownership. Subject to your compliance with these Terms and your payment of any fees owed hereunder, REALESTATECONTENT.AI grants you a non-transferable, non-exclusive, license to (a) access and use the Website and the REALESTATECONTENT.AI Service. The REALESTATECONTENT.AI Service is licensed to you and not sold. The REALESTATECONTENT.AI Service may not be re-sold or otherwise distributed to any third party without the prior written consent of REALESTATECONTENT.AI . Except as explicitly provided herein, nothing in the Terms gives you a right to use the REALESTATECONTENT.AI names, trademarks, logos or other distinctive brand features or other related intellectual property without our prior written consent. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the REALESTATECONTENT.AI Services and belong to REALESTATECONTENT.AI . and/or its partners or applicable third parties. Each User retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that they input into the REALESTATECONTENT.AI Service. You agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant REALESTATECONTENT.AI . a license (described further in part 3.4 below) for all User-Generated Content you submit in connection with the REALESTATECONTENT.AI Services. Use of the REALESTATECONTENT.AI Service or Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
4.3 Feedback. You may choose to, or we may invite you to submit comments or ideas about the Website or REALESTATECONTENT.AI Service, including but not limited to, about how to improve the REALESTATECONTENT.AI Service or our services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place REALESTATECONTENT.AI under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
4.4 User Content. REALESTATECONTENT.AI does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the REALESTATECONTENT.AI Website, or REALESTATECONTENT.AI Service, including the Content and the User-Generated Content. However, by using the Website or REALESTATECONTENT.AI Service, you grant REALESTATECONTENT.AI a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such Content and User- Content for the purpose of operating the Website and REALESTATECONTENT.AI Service and providing you with the REALESTATECONTENT.AI Services. You further grant REALESTATECONTENT.AI a perpetual, irrevocable, and unlimited license to use, store, and manipulate the Content and User-Generated Content in accordance with the Privacy Policy.
4.5 Your License to Us. When you provide Content to REALESTATECONTENT.AI . through the REALESTATECONTENT.AI Service, you grant REALESTATECONTENT.AI . and a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such Content, and any resulting User-Generated Content, in connection with any and all of the REALESTATECONTENT.AI Services. The rights you grant in this license are for the limited purposes of allowing REALESTATECONTENT.AI . to operate the REALESTATECONTENT.AI Service in accordance with their functionality, improve the REALESTATECONTENT.AI Services and develop new aspects of the REALESTATECONTENT.AI Service.
4.6 Retention. Following termination of your account, or if you remove any Content or User-Generated Content from the REALESTATECONTENT.AI Service, we may retain your Content and User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, REALESTATECONTENT.AI may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your Content or User-Generated Content that otherwise has been stored or shared through the REALESTATECONTENT.AI Service. For more information, please review our Privacy Policy.
4.7 Accuracy and Reliance on User-Generated Content. We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through the MODAVE Service or available on the Website. User-Generated Content generated or made available in connection with the MODSAE Service, is the sole responsibility of the user from whom such User-Generated Content originated. We do not endorse any opinions or recommendations contained in User-Generated Content. All information, including but not limited to the User-Generated Content, is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
You agree to use the REALESTATECONTENT.AI Website and the REALESTATECONTENT.AI Service only for purposes as permitted by these Terms. REALESTATECONTENT.AI reserves the right to modify or impose any limitations on the use of the REALESTATECONTENT.AI Website or REALESTATECONTENT.AI Service at any time, with or without notice to you. In using the REALESTATECONTENT.AI Website and/or the REALESTATECONTENT.AI Service you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Website to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the REALESTATECONTENT.AI Website or REALESTATECONTENT.AI Service in a manner that is inconsistent with these Terms;
(c) upload, post, transmit or otherwise make available any material, including Content and User-Generated Content, that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, or any other form of illegal solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or the REALESTATECONTENT.AI Service or Website or that compromises a User’s privacy; or
contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the REALESTATECONTENT.AI Website, REALESTATECONTENT.AI Service or any software provided by us;
(e) use our Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(g) use automated scripts to collect information or otherwise interact with the REALESTATECONTENT.AI Service or the Website; or
(h) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold REALESTATECONTENT.AI , its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website or REALESTATECONTENT.AI Service; (b) your use of the Website or REALESTATECONTENT.AI Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Website or REALESTATECONTENT.AI Service.
REALESTATECONTENT.AI may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your account and/or access to the Website or REALESTATECONTENT.AI Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or REALESTATECONTENT.AI Service; (b) discontinuance or material modification to the Website, REALESTATECONTENT.AI Service, or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the REALESTATECONTENT.AI Website or REALESTATECONTENT.AI Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by REALESTATECONTENT.AI in its sole discretion, and REALESTATECONTENT.AI will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of access to the Website or REALESTATECONTENT.AI Service.
THE WEBSITE AND REALESTATECONTENT.AI SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REALESTATECONTENT.AI SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE WEBSITE, THE USER-GENERATED CONTENT, AND REALESTATECONTENT.AI SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSENO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REALESTATECONTENT.AI OR THROUGH OR FROM THE REALESTATECONTENT.AI SERVICE OR WEBSITE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
REALESTATECONTENT.AI PROVIDES THE USER-GENERATED CONTENT USING AN ARTIFICIAL INTELLIGENCE MODEL CALLED GPT-4. THE USER-GENERATED CONTENT MAY CONTAIN ERRORS, INCONSISTENCIES OR OUTDATED INFORMATION. IT IS PROVIDED AS-IS WITHOUT ANY WARRANTIES OR GUARANTEES OF ACCURACY. WE DISCLAIM ANY LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM THE USE OR RELIANCE ON THE USER-GENERATED CONTENT.
UNDER NO CIRCUMSTANCES SHALL REALESTATECONTENT.AI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE REALESTATECONTENT.AI WEBSITE OR REALESTATECONTENT.AI SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR REALESTATECONTENT.AI SERVICE, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR THROUGH THE REALESTATECONTENT.AI SERVICE, INCLUDING BUT NOT LIMITED TO THE CONTENT OR THE USER-GENERATED CONTENT OR (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR REALESTATECONTENT.AI SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE REALESTATECONTENT.AI WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REALESTATECONTENT.AI ’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY CANADIAN DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Toronto shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the REALESTATECONTENT.AI Website or the REALESTATECONTENT.AI Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The REALESTATECONTENT.AI Service of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
These Terms, together with the Privacy Policy constitute the entire agreement governing use of the REALESTATECONTENT.AI Website and REALESTATECONTENT.AI Service and all related activities. We reserve the right to modify or change the REALESTATECONTENT.AI Website or REALESTATECONTENT.AI Service at any time without notice or liability to you. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. REALESTATECONTENT.AI may assign these Terms for any reason without notice to you.
Effective Date: December 4, 2023
