Terms of Service

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

LISTING AiGENT provides an artificial intelligence assistant designed for licensed real estate professionals (“Realtors”). The Service can, among other things: answer inbound telephone calls; respond to questions about real estate listings; schedule showings and appointments; import listing data from third-party portals; and send SMS follow-ups.

The Service is a productivity tool. It is not a broker, agent, appraiser, lender, or legal advisor, and does not create an agency relationship with any consumer.

You must be at least 18 years old and legally able to enter into a binding contract. If you use the Service on behalf of a brokerage or team, you represent and warrant that you are authorized to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate, current, and complete information and to promptly update it as needed. Notify us immediately at contact@listingaigent.com of any unauthorized access.

Activation & Trial. New users may activate the Service by paying a one-time, non-refundable activation fee of $5 USD, which unlocks full access for seven (7) consecutive days (the “Trial Period”).

Post-Trial. At the end of the Trial Period, you may (a) affirmatively upgrade to the paid subscription plan of $300 USD per month (the “Subscription”) or (b) allow your access to end automatically. We will not charge you the Subscription fee without your explicit, opt-in consent.

Auto-Renewal. If you upgrade to the Subscription, it renews automatically each month at the same price until cancelled. You may cancel at any time from your account settings or by emailing contact@listingaigent.com. Cancellation is effective at the end of your then-current billing period.

Taxes. Fees are exclusive of applicable taxes, which you are responsible for.

Refunds. Except where required by law, all fees are non-refundable. We may, at our sole discretion, issue refunds on a case-by-case basis.

Price Changes. We may change subscription pricing on at least 30 days’ advance notice. Changes will not apply to your current pre-paid term.

Payments are processed by Stripe, Inc. (“Stripe”). By providing payment information, you authorize us and Stripe to charge your chosen payment method for the fees due. Your use of Stripe is subject to the Stripe Services Agreement. We do not store full payment card numbers on our servers.

Failed Payments. If a charge fails, we may suspend the Service and retry the charge. You remain responsible for amounts due.

Chargebacks. If you initiate a chargeback without first contacting us, we may suspend or terminate your account.

If you obtained the mobile app through the Apple App Store, the following additional terms apply and are required by Apple:

• These Terms are between you and LISTING AiGENT LLC only, not Apple. Apple is not responsible for the Service or its content.
• Your license to use the app is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, subject to the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support for the app.
• To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the app.
• Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, consumer protection claims, and intellectual property claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
• You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

Subscriptions via Apple. If you subscribe through the App Store, payment is charged to your Apple ID account, and your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal from your Apple ID account settings after purchase.

For Google Play, similar provisions apply: your use is subject to the Google Play Terms of Service, and Google is not responsible for the app or its content.

Voice and SMS features are powered in part by Twilio Inc. By using SMS or voice features, you agree to the following:

• Consent. You will obtain prior express written consent from any consumer before sending marketing SMS, and prior express consent before sending informational SMS, as required by the Telephone Consumer Protection Act (“TCPA”), CAN-SPAM, and other applicable laws.
• Opt-Out. Every marketing message must offer a clear opt-out mechanism (e.g., “Reply STOP to unsubscribe”). You will honor STOP, END, QUIT, CANCEL, UNSUBSCRIBE and similar requests immediately.
• Message Frequency & Rates. Message and data rates may apply. Frequency varies based on user activity.
• Prohibited Content. You will not use SMS or voice features for content prohibited by carriers, Twilio’s Acceptable Use Policy, or applicable law (e.g., SHAFT: sex, hate, alcohol, firearms, tobacco unless carrier-approved).
• 10DLC / Registration. Where required by U.S. carriers, you must register your brand and campaigns for A2P 10DLC or similar programs.
• Records. You will maintain records of consent for at least four (4) years or as required by law.

You are solely responsible for the content of messages and calls you initiate or configure through the Service and for complying with all applicable laws.

The Service may record, transcribe, and store telephone calls and voice interactions. Recording laws vary by state. In “all-party consent” jurisdictions (including California), all parties on a call must consent to being recorded. You are responsible for ensuring that the AiGENT provides appropriate disclosure at the start of each call and for obtaining any additional consents required by applicable law.

You agree not to, and will not permit others to:

• Use the Service for any unlawful, discriminatory, harassing, defamatory, or deceptive purpose;
• Violate fair housing laws or engage in steering or redlining;
• Send unsolicited communications (spam) or robocalls in violation of law;
• Reverse engineer, decompile, or attempt to derive source code of the Service;
• Interfere with, disrupt, or bypass security or usage limits of the Service;
• Impersonate any person or misrepresent your affiliation;
• Upload malicious code or content that infringes third-party rights.

You retain ownership of the content you submit (“User Content”), including listing information, contact details, and call recordings. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely to operate, provide, and improve the Service. We may use de-identified, aggregated data to improve our products.

You are responsible for compliance with the Fair Housing Act, state fair housing laws, RESPA, real estate licensing laws, and any applicable code of ethics (including the NAR Code of Ethics if you are a member). The Service is a tool; it does not substitute for your professional judgment or supervision.

The Service, including all software, designs, text, graphics, and logos, is owned by LISTING AiGENT LLC or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

The Service integrates with or relies on third parties, including but not limited to Stripe, Twilio, Apple, Google, and listing portals. We are not responsible for third-party services, and your use of them is subject to their own terms.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI outputs will be accurate or complete.

To the maximum extent permitted by law, LISTING AIGENT LLC and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, or data. Our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts paid by you to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100 USD).

You agree to defend, indemnify, and hold harmless LISTING AiGENT LLC and its affiliates from any claim, damage, loss, or expense (including reasonable attorneys’ fees) arising out of your use of the Service, your User Content, your violation of these Terms, or your violation of applicable law (including TCPA, fair housing laws, and recording consent laws).

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, provisions that by their nature should survive (e.g., payment obligations, disclaimers, limitations of liability, indemnification, governing law) will survive.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Except for injunctive relief, any dispute will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules in Sacramento County, California. You and LISTING AiGENT LLC each waive the right to a jury trial and to participate in a class action. If arbitration is unenforceable, the state and federal courts located in Sacramento County, California will have exclusive jurisdiction.

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or in-app). Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

LISTING AiGENT LLC
8643 Dorsey Way, Sacramento, CA 95828
Email: contact@listingaigent.com