Draft. These terms are a draft for the RealtyMind private pilot. They will be finalized and the effective date will be set at launch. Company details will be filled in before then.
01The agreement
These Terms of Service ("Terms") are an agreement between RealtyMind (company name pending) ("RealtyMind," "we," "us"), and the brokerage, team, franchise or person that signs up ("Customer," "you"). They cover the RealtyMind website, web and phone apps, AI services and related features (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you accept for a company, you confirm you have authority to bind it.
A signed order form or written agreement with us, if any, controls where it conflicts with these Terms.
02Accounts and seats
- You must be at least 18 and use the Service for real estate business.
- Each seat is for one named person. Seats may not be shared.
- Brokerage admins can add and remove users, set roles and change settings. You are responsible for what happens under your accounts.
- Keep sign-in details private, turn on phone sign-in protections like Face ID where offered, and tell us right away if you suspect misuse.
- Information you give us must be accurate, including license details where we ask for them.
03Pilot and preview features
RealtyMind is in private pilot. Features marked pilot, preview, beta or in development may change, may be limited, and may be removed. We may ask for your feedback on them. They are provided as they are, without commitments about uptime or results.
04Your brokerage stays in charge of licensed activity
RealtyMind is a software tool. We are not a real estate broker, a mortgage lender or broker, a title or escrow company, or a law firm, and we do not give legal, tax, lending or brokerage advice.
- The Customer brokerage and its licensed agents are responsible for all licensed real estate activity done with the Service, including advice to clients, pricing, negotiation, contracts, disclosures and advertising.
- The broker is responsible for supervising agents and staff, including how they use AI features.
- You decide which features to turn on, how they are set up, and which messages, documents and listings go out under your name.
05AI features and your review
The Service uses artificial intelligence to answer calls and texts, write listings and messages, summarize conversations and suggest next steps. AI output can be wrong, incomplete or out of date.
- Review before it goes out. You must review AI-written listings, ads, posts and important client messages before they are published or sent. Approval tools in the Service exist for this purpose.
- Built-in checks help but do not replace you. The fair housing check, consent checks and calling-hour limits reduce risk. They do not guarantee compliance.
- Disclosure. You will not hide from callers or clients that they are talking with an AI, and you will not turn off the AI or recording notices.
- No automated decisions on eligibility. You will not use the Service to decide who may buy, rent or finance a home based on any protected class.
06Your compliance duties
You are responsible for complying with all laws and rules that apply to your business, including:
- Fair housing: the federal Fair Housing Act and state and local fair housing laws, including in listings, ads, search, and how you treat clients.
- Calls and texts: the Telephone Consumer Protection Act (TCPA) and FCC rules (including that AI-generated voices count as artificial voices), the Florida Telephone Solicitation Act, the National and state Do Not Call lists, and similar laws. You must have proper consent before the Service calls or texts anyone for you, must keep that consent on file, and must honor opt-outs.
- Call recording: laws that require consent from everyone on a call, including Florida's.
- Email: the CAN-SPAM Act and similar laws.
- Advertising and license law: state real estate license laws and rules, including showing the brokerage name in ads and messages.
- Settlement services: the Real Estate Settlement Procedures Act (RESPA), including Section 8. Buyers must be free to choose their own lender and other providers.
- Industry rules: the rules of any MLS or association you belong to, including written buyer agreement practices.
You will not upload contact lists you do not have consent to call or text, such as purchased lists or scraped numbers.
07Acceptable use
You and your users will not:
- Break the law, or help anyone else do so.
- Discriminate, steer, or publish content that states a preference or limitation based on a protected class.
- Send spam, cold AI calls, or messages to people who opted out.
- Impersonate anyone, or use the Service to mislead people about who they are dealing with.
- Upload malware, try to break into the Service or other customers' data, or test its security without our written permission.
- Scrape, resell or sublicense the Service, or use it to build a competing product.
- Upload content you do not have the right to use, including listing photos and MLS data.
- Use the Service to take loan applications or pull credit reports.
We may suspend accounts or content that break these rules, with notice when we reasonably can.
08Your data
- You own Customer Data: the contacts, deals, listings, documents, recordings and other content you or your clients put into the Service.
- You give us permission to host, process and display Customer Data only as needed to provide and support the Service, keep it secure, and follow the law.
- We may use de-identified and combined data that no longer identifies you or any person to run and improve the Service.
- We do not sell Customer Data. Our Privacy Policy and, where needed, a data processing addendum describe how we handle it.
- You are responsible for having the rights and consents needed for the Customer Data you give us.
09MLS and third-party data
Some features use data from multiple listing services (MLSs), data providers and portals ("Licensed Data"). For Licensed Data:
- We make Licensed Data available only where a signed license with the MLS or provider covers it, and only for the uses that license allows.
- The terms of each license, and the rules of each MLS, flow down to you. You will use, display and share Licensed Data only as those terms and rules allow, including display, attribution, refresh and "no copy" requirements.
- Your right to use Licensed Data through the Service ends when your MLS membership or the license ends. We may remove or limit Licensed Data at any time if a provider requires it.
- Listing push to an MLS or portal happens only where that MLS or portal allows it. Where it does not, the Service may pre-fill information for you to submit yourself.
- MLSs and data providers are third-party beneficiaries of this section for their own data.
10Third-party services and partners
The Service connects with services we do not control, such as phone carriers, e-signature, licensed forms providers, calendars, lead sources and partner lenders. Their own terms apply to your use of them. We are not responsible for their services.
Pre-approval hand-off: RealtyMind never issues pre-approvals, takes loan applications or pulls credit. Licensed partner lenders do. The buyer always chooses the lender. Partner lenders pay RealtyMind flat fees only, never per lead or per loan.
11Fees
Fees for the Service will be announced at launch. During the private pilot, there is no charge unless we agree otherwise in writing. When paid plans begin, we will show the price before you agree to pay, and fees, billing terms and taxes will be set out in your plan or order form.
12Term, termination and data export
- You may stop using the Service at any time. Plan terms at launch will say how cancellation works for paid plans.
- We may suspend or end your access if you materially break these Terms and do not fix it after notice, or right away if needed to prevent harm or follow the law.
- Export anytime. While your account is active you can export your data. After your account ends, you have 30 days to export it, and then we delete it as our Privacy Policy describes. Consent and opt-out records may be kept longer where needed to show legal compliance.
- Sections that by their nature should survive (such as data, compliance duties, disclaimers, limits of liability, indemnity and governing law) survive the end of these Terms.
13Our property and your feedback
RealtyMind owns the Service, including its software, design and brand. These Terms give you a limited right to use the Service during your subscription. If you send us ideas or feedback, we may use them without owing you anything.
14Confidentiality
Each side will keep the other's non-public business information confidential and use it only for this relationship, with the usual exceptions for information that is public, already known, independently built, or required to be disclosed by law.
15Disclaimers
To the extent the law allows, the Service is provided "as is" and "as available." RealtyMind disclaims all warranties, express or implied, beyond those written in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted or error free, that AI output will be accurate, or that using the Service will make you compliant with any law or produce any business result.
16Limitation of liability
To the extent the law allows:
- Neither side is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost commissions or lost data, even if told they were possible.
- Each side's total liability under these Terms is limited to the greater of the fees you paid us in the 12 months before the claim or one hundred U.S. dollars.
- These limits do not apply to your payment duties, your compliance and indemnity duties, or either side's fraud or willful misconduct.
17Indemnity
You will defend and hold RealtyMind harmless from third-party claims that come from your Customer Data, your licensed real estate activity, your messages and ads, or your breach of the compliance duties or acceptable use rules in these Terms, including claims under fair housing, calling, texting and recording laws. We will defend you from third-party claims that the Service, as we provide it, infringes their intellectual property rights.
18Governing law and disputes
These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of law rules. Before filing a claim, each side agrees to try to resolve the dispute informally for 30 days after written notice. Any lawsuit will be brought only in the state or federal courts located in Miami-Dade County, Florida, and both sides agree to those courts. Arbitration and jury waiver terms, if any, will be added after legal review.
19General terms
- Changes. We may update these Terms. We will post changes here and give account holders notice of important changes before they take effect.
- Notices. We send notices to the account email. You send notices to the address below.
- Assignment. You may not transfer these Terms without our consent, except to a successor of your business. We may transfer them in a merger or sale.
- Events beyond control. Neither side is responsible for delays caused by events it cannot reasonably control, such as storms, outages or carrier failures.
- Entire agreement. These Terms, any order form and the policies they link to are the whole agreement. If a part is found unenforceable, the rest stays in effect. Not enforcing a term is not a waiver.
20Contact
RealtyMind (company name pending)
Mailing address will be posted here before launch.
Legal email: coming at launch
Or use our contact page.