Terms of Service

Effective Date: November 22, 2024

These Terms of Service ("Terms") govern your access to and use of the RealtyPulse email marketing service ("Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Service Description

RealtyPulse provides an email marketing service for real estate professionals. The Service includes:

• Bi-weekly email campaigns sent to your contact database on your behalf
• Email content generation incorporating real estate market information
• Email template design and formatting
• Email deliverability management and compliance tools
• Performance analytics and reporting

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable advance notice of material changes when practicable.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Be a licensed real estate professional or authorized representative of a real estate business entity
• Have the legal authority to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Not be located in any jurisdiction where the Service is prohibited by law

3. Account Registration and Security

3.1 Account Creation

When creating an account, you agree to:

• Provide accurate and complete registration information
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account

3.2 Account Security

You are solely responsible for all activities that occur under your account, regardless of whether such activities were authorized by you. We are not liable for any loss or damage arising from unauthorized use of your account that results from your failure to maintain adequate security.

3.3 Account Restrictions

Each subscription is licensed for use by a single user or business entity. You may not share account credentials or permit others to access your account without our prior written consent.

4. Acceptable Use and User Responsibilities

4.1 Contact Database Consent

You represent and warrant that:

• You have obtained all necessary consents and permissions to send marketing emails to every contact in your database
• All contacts have either a pre-existing business relationship with you or have explicitly opted in to receive communications
• All contact information is accurate to the best of your knowledge
• You will promptly honor all opt-out and unsubscribe requests
• You own or have the legal right to use all information uploaded to the Service

You acknowledge that you are solely responsible for compliance with all applicable email marketing laws and regulations, including but not limited to the CAN-SPAM Act, GDPR, and CASL. Violation of this provision may result in immediate termination of your account without refund.

4.2 Prohibited Conduct

You agree not to:

• Upload contact lists that have been purchased, rented, scraped, or obtained without proper consent
• Send unsolicited commercial email or spam
• Use the Service to send communications on behalf of third parties without authorization
• Upload malicious code, viruses, or other harmful materials
• Attempt to circumvent security measures or access restrictions
• Reverse engineer, decompile, or attempt to derive source code from the Service
• Use the Service for any unlawful purpose or in violation of applicable laws
• Harass, threaten, defame, or impersonate any person or entity
• Interfere with or disrupt the integrity or performance of the Service
• Collect or store personal data about other users without consent

4.3 Content Standards

Email content sent through the Service must not contain:

• False, misleading, or deceptive statements or claims
• Discriminatory, defamatory, or offensive material
• Sexually explicit or inappropriate content
• Promotion or facilitation of illegal activities
• Infringement of intellectual property rights or proprietary information

5. Payment Terms

5.1 Subscription Fees

The Service is offered on a subscription basis at $249 per month. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis until you cancel your subscription.

5.2 Billing

• Billing begins immediately upon account creation and successful payment
• Subsequent charges occur monthly on the anniversary of your signup date
• Payment processing is handled by third-party payment processors
• You are responsible for maintaining valid and current payment information
• Failed payment attempts may result in service suspension or account termination

5.3 Price Adjustments

We reserve the right to modify subscription pricing upon 30 days' advance notice. Price changes will not affect your current billing cycle but will apply to subsequent billing periods. You may cancel your subscription prior to the effective date of any price increase if you do not agree to the new pricing.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, and governmental charges. You are responsible for payment of all such taxes associated with your subscription.

6. Cancellation, Termination, and Refunds

6.1 Cancellation by You

• You may cancel your subscription at any time through your account by contacting us at info@realtypulse.io
• Cancellation becomes effective at the end of your current billing period
• You will retain access to the Service through the end of your paid period
• No partial refunds will be issued for unused portions of a billing period

6.2 Money-Back Guarantee

We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied with the Service for any reason within 30 days of your initial subscription, contact us at info@realtypulse.io to request a full refund. After the initial 30-day period, all payments are non-refundable.

6.3 Termination by Us

We reserve the right to suspend or terminate your account immediately if:

• You breach any provision of these Terms
• Your payment method is invalid or payment cannot be processed
• We receive complaints of spam, abuse, or illegal activity originating from your account
• We reasonably believe your use of the Service creates legal liability or security risks
• Your account has been inactive for an extended period

If we terminate your account for breach of these Terms, you will not be entitled to any refund. When reasonably possible, we will provide notice and opportunity to cure violations before termination.

7. Intellectual Property

7.1 Our Property

The Service and all related software, content, features, designs, graphics, trademarks, and other materials are the exclusive property of RealtyPulse and are protected by copyright, trademark, patent, and other intellectual property laws. You may not:

• Copy, modify, distribute, sell, or create derivative works based on the Service
• Use our trademarks, service marks, or trade names without prior written authorization
• Remove, obscure, or alter any proprietary rights notices

7.2 Your Content

You retain all ownership rights in the content and data you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, royalty-free license to:

• Use Your Content solely to provide and maintain the Service
• Generate email content incorporating Your Content and publicly available data
• Store and process Your Content on our infrastructure
• Create anonymized, aggregated data for analytical purposes

This license terminates upon deletion of Your Content or closure of your account, except for anonymized or aggregated data that cannot be attributed to you.

7.3 Generated Content

Email templates and content generated by the Service are provided for your use exclusively in connection with the Service. You may not resell, redistribute, or use such content outside the Service without our express written permission.

8. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

We will:

• Store your data securely using industry-standard security measures
• Use your data solely to provide the Service
• Not sell, rent, or disclose your data to third parties for their marketing purposes
• Permit you to export or delete your data at any time

9. Service Availability and Performance

9.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance activities
• Emergency maintenance or security updates
• Third-party infrastructure outages
• Events beyond our reasonable control

We will provide advance notice of scheduled maintenance when reasonably practicable.

9.2 Email Deliverability

While we employ industry best practices to optimize email deliverability, we cannot guarantee that all emails will be delivered to recipient inboxes or that none will be filtered as spam. Deliverability depends on numerous factors, including:

• Recipient mail server configurations and filtering policies
• Quality and consent status of your contact database
• Sender domain reputation and authentication records
• Email content and recipient engagement history

9.3 No Performance Guarantee

We provide the Service to facilitate email marketing activities but do not guarantee specific outcomes, results, conversions, or return on investment. Your success depends on numerous factors outside our control, including market conditions, database quality, and your business practices.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will operate without interruption, errors, or defects
• Any results obtained through the Service will be accurate or reliable
• All errors or defects will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALTYPULSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE
• ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT OR DATA
• ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE
• ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR DATA
• ANY CONDUCT OR CONTENT OF THIRD PARTIES

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless RealtyPulse and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your breach of these Terms or violation of applicable law
• Your use or misuse of the Service
• Your Content or email content sent from your account
• Your contact database or failure to obtain proper consent from contacts
• Any violation of rights of third parties

11. Third-Party Services

The Service relies on and integrates with various third-party service providers, including but not limited to:

• Payment processing providers
• Email infrastructure and delivery services
• Data and analytics providers
• Cloud hosting and storage services

These third-party services are subject to their own terms of service and privacy policies. We are not responsible for the practices, availability, or performance of third-party services. Unavailability or malfunction of third-party services may affect Service functionality.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Effective Date" at the top of this document
• For material changes, we will provide notice via email or prominent notice within the Service
• Changes become effective immediately upon posting unless otherwise specified
• Your continued use of the Service after changes become effective constitutes acceptance

If you do not agree to modified Terms, you must discontinue use of the Service and may cancel your subscription.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable state jurisdiction where RealtyPulse is incorporated, without regard to conflicts of law principles.

13.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at info@realtypulse.io to attempt informal resolution of the dispute. Both parties agree to negotiate in good faith for a period of at least 30 days.

13.3 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the applicable arbitration rules, except that:

• Either party may bring claims in small claims court if they qualify
• Either party may seek equitable relief in court for intellectual property matters

Arbitration shall be conducted by a single arbitrator. There shall be no class arbitrations or class actions. Each party shall bear its own costs and attorneys' fees unless otherwise awarded by the arbitrator.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other incorporated documents, constitute the entire agreement between you and RealtyPulse concerning the Service and supersede all prior or contemporaneous agreements, understandings, and communications.

14.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of RealtyPulse.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or your account without our prior written consent. We may freely assign these Terms and our rights and obligations hereunder without restriction. Any prohibited assignment shall be void.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, or failures of third-party infrastructure or services.

14.6 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

15. Contact Information