Terms of Service

Last Updated: November 19, 2024

1. Acceptance of Terms

By accessing or using SmartClosr's services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use our services.

These terms apply to all users, including but not limited to:

• Individual real estate agents
• Real estate teams
• Brokerages
• Any person or entity using our services on behalf of a real estate business

2. Service Description

SmartClosr provides custom AI automation services for real estate professionals, including:

• Automated lead response systems
• Lead qualification and scoring
• CRM integration and synchronization
• Follow-up automation
• Property matching algorithms
• Website chatbot integration
• SMS and email automation
• Custom AI solutions tailored to your business

Custom Nature: Our services are custom-built for each client. Specific features and capabilities will be outlined in your Service Agreement.

3. Account Registration & Eligibility

3.1 Eligibility

• You must be at least 18 years old
• You must be a licensed real estate professional or authorized to act on behalf of a real estate business
• You must provide accurate and complete information during registration
• You must have the legal authority to enter into this agreement

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• SmartClosr is not liable for any loss or damage from unauthorized account access

4. Payment Terms

4.1 Pricing & Fees

• Setup Fees: One-time setup fees are charged at the beginning of service
• Monthly Fees: Recurring monthly fees are billed in advance
• Additional Services: Custom integrations or features may incur additional fees
• Price Changes: We reserve the right to change pricing with 30 days' notice

4.2 Billing & Payment

• All fees are in USD unless otherwise stated
• Payment is due upon receipt of invoice
• Recurring charges are billed automatically on the same day each month
• Late payments may result in service suspension
• You are responsible for all applicable taxes

4.3 Refund Policy

• Setup Fees: Non-refundable once work has commenced
• Monthly Fees: No refunds for partial months
• 90-Day Guarantee: If you don't see measurable improvement in lead response time and conversion rates within 90 days, we will refund your monthly fees (setup fees excluded). You keep the system.

5. Service Level & Support

5.1 Implementation Timeline

• Initial setup: 7-10 business days from contract signing
• CRM integration: Dependent on third-party CRM responsiveness
• Training: Included as part of onboarding

5.2 Support

• Response Times: Email support within 24 business hours
• Priority Support: Professional and Premium plans receive faster response
• Emergency Support: Critical system failures addressed within 4 hours

5.3 Service Uptime

• We strive for 99.5% uptime
• Scheduled maintenance will be announced in advance
• We are not liable for downtime caused by third-party services (CRM providers, hosting, etc.)

6. Term & Termination

6.1 Initial Term

• All plans require a 90-day initial commitment
• After 90 days, service converts to month-to-month

6.2 Cancellation

• Either party may cancel with 30 days' written notice after the initial 90-day period
• Cancellation must be submitted in writing to hello@smartclosr.com
• You remain responsible for fees through the end of the notice period
• Upon cancellation, you will receive a data export within 7 business days

6.3 Termination for Cause

We may suspend or terminate your service immediately if:

• You breach these Terms of Service
• You fail to pay invoices within 15 days of the due date
• You use the service for illegal or prohibited purposes
• You engage in abusive behavior toward our staff

7. Your Responsibilities & Prohibited Uses

7.1 Your Responsibilities

• Provide accurate lead and business information
• Maintain compliance with all applicable real estate laws and regulations
• Ensure you have proper consent to contact leads
• Review and approve AI-generated content before deployment
• Maintain your CRM and third-party integrations

7.2 Prohibited Uses

You may NOT use SmartClosr to:

• Violate any local, state, federal, or international law
• Send spam or unsolicited communications
• Violate Do Not Call Registry or CAN-SPAM regulations
• Impersonate another person or entity
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer or copy our proprietary technology
• Resell or sublicense our services without written permission

8. Intellectual Property

8.1 SmartClosr IP

• All SmartClosr software, algorithms, and technology remain our exclusive property
• You receive a limited, non-exclusive license to use our services
• You may not copy, modify, or distribute our proprietary technology

8.2 Your Content & Data

• You retain all rights to your business data and lead information
• You grant us a license to use your data solely to provide our services
• We will not use your data for any other purpose without your consent
• Upon termination, you may request deletion of your data

9. Confidentiality

• Both parties agree to keep confidential information private
• We will not share your business strategies, lead data, or CRM information
• You agree not to disclose our proprietary methods or technology
• Confidentiality obligations survive termination of the agreement

10. Warranties & Disclaimers

10.1 Our Warranties

• We will provide services in a professional and workmanlike manner
• We will use commercially reasonable efforts to maintain service uptime
• We will comply with applicable data protection laws

10.2 Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to indemnify and hold SmartClosr harmless from any claims, damages, or expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms of Service
• Your violation of any laws or regulations
• Your violation of third-party rights
• Content you provide to the system

13. Third-Party Services

• Our service integrates with third-party CRMs and platforms
• You are responsible for your relationships with third-party providers
• We are not responsible for third-party service failures or changes
• Third-party terms and privacy policies apply to their services

14. Compliance with Laws

You agree to comply with all applicable laws, including but not limited to:

• Real Estate Laws: State and federal real estate regulations
• Telephone Consumer Protection Act (TCPA): Rules governing automated calls and texts
• CAN-SPAM Act: Email marketing regulations
• Do Not Call Registry: National and state DNC lists
• Fair Housing Act: Anti-discrimination laws
• Data Protection Laws: GDPR, CCPA, and other privacy regulations

You acknowledge that you are solely responsible for ensuring your use of SmartClosr complies with all applicable laws.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at hello@smartclosr.com to attempt informal resolution.

15.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration will be conducted in [Your State/Location].

15.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.

16. Modifications to Terms

• We may modify these Terms of Service at any time
• We will notify you of material changes via email or in-app notification
• Continued use of services after changes constitutes acceptance
• If you do not agree to changes, you may terminate your account

17. General Provisions

17.1 Entire Agreement

These Terms of Service, along with your Service Agreement and Privacy Policy, constitute the entire agreement between you and SmartClosr.

17.2 Severability

If any provision is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign your rights or obligations without our written consent. We may assign our rights and obligations without restriction.

17.5 Governing Law

These Terms are governed by the laws of [Your State], without regard to conflict of law principles.

18. Contact Information

For questions about these Terms of Service, contact us:

• Email: hello@smartclosr.com
• Legal Inquiries: legal@smartclosr.com
• Address: SmartClosr, [Your Business Address]

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