PropertyPulse.Ai
Terms of Service

1.1 Definitions

• "Agreement"means these Terms of Service, as modified from time to time
• "AI Services"means all artificial intelligence, machine learning, and automated decision-making features provided through the Platform
• "Content"means all text, data, images, photographs, graphics, video, messages, tags, or other materials
• "Intellectual Property Rights"means all intellectual property rights worldwide, including patents, copyrights, trademarks, trade secrets, and know-how
• "Platform"means the PropertyPulse.AI website, mobile applications, and all related services
• "Property Data"means information relating to real estate properties, including but not limited to listings, valuations, market data, and analytics
• "Services"means all services provided by PropertyPulse.AI through the Platform
• "User Content"means all Content submitted, uploaded, or transmitted by Users
• "Users" or "you"means any individual or entity using the Services

1.2 Interpretation

These Terms constitute a legally binding agreement between you and PropertyPulse.AI, Inc., a Delaware corporation ("Company," "we," "us," or "our"). References to "including" mean "including without limitation." Headings are for convenience only and do not limit or affect these Terms.

2.1 Agreement to Terms

By accessing, downloading, installing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.2 Modification Rights

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Platform with a new "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms. If you do not agree to any modification, you must discontinue use of the Services immediately.

2.3 Additional Terms

Additional terms may apply to specific features or services, which will be presented to you at the time you access such features or services. Those additional terms become part of this Agreement.

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3.2 Account Registration

To access certain features, you must create an account by providing accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.

3.3 Professional Use

If you are a real estate professional, you represent that you hold all necessary licenses and qualifications to provide real estate services in your jurisdiction and that your use of the Services complies with all applicable professional standards and regulations.

4.1 Platform Services

PropertyPulse.AI provides an AI-powered real estate technology platform that offers property search, valuation analysis, market intelligence, and related services. The Platform utilizes artificial intelligence and machine learning algorithms to provide property recommendations, market insights, and automated analysis.

4.2 AI-Powered Features

Our AI Services include but are not limited to:

• Automated property matching and recommendations
• Property valuation estimates and market analysis
• User behavior analysis and personalization
• Predictive analytics and trend identification
• Automated decision-making for user experience optimization

4.3 Third-Party Data

The Services incorporate data from Multiple Listing Services (MLS), public records, and other third-party sources. We do not control or verify the accuracy of such third-party data.

4.4 Beta Features

We may offer beta, experimental, or preview features that are not fully tested or supported. Your use of such features is entirely at your own risk.

5.1 Permitted Use

You may use the Services solely for lawful purposes related to real estate activities in accordance with these Terms. You agree to comply with all applicable federal, state, local, and international laws and regulations.

5.2 Prohibited Conduct

You agree not to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the Services or servers connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use automated systems (bots, scrapers, etc.) to access or collect data from the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Create derivative works based on the Services or our AI algorithms
• Transmit viruses, malware, or other malicious code
• Harass, threaten, or harm other Users
• Impersonate any person or entity or falsely state your affiliation
• Use the Services to compete with us or develop competing products
• Distribute, publish, or sublicense access to the Services
• Remove, alter, or obscure any proprietary notices on the Services

5.3 Data Mining Prohibition

You are expressly prohibited from extracting, harvesting, or collecting Property Data or other information from the Services through automated means or for commercial purposes unrelated to your authorized use of the Services.

5.4 Professional Standards

Real estate professionals must comply with all applicable licensing requirements, ethical standards, and professional regulations when using the Services.

6.1 AI Disclaimers

Our AI Services use machine learning algorithms and automated processing that may not always produce accurate results. AI-generated recommendations, valuations, and analysis are provided for informational purposes only and should not be relied upon as the sole basis for real estate decisions.

6.2 No Guarantee of Accuracy

We make no representations or warranties regarding the accuracy, reliability, or completeness of AI-generated outputs. You acknowledge that:

• AI systems can exhibit biases or produce unexpected results
• Property valuations and market analysis may be inaccurate
• Recommendations may not align with your specific needs or market conditions
• AI outputs should be verified through independent professional analysis

6.3 Human Oversight

While our Services include automated features, important decisions should always involve human judgment and professional expertise. We recommend consulting qualified real estate professionals before making significant property-related decisions.

6.4 Algorithmic Transparency

Upon reasonable request, we will provide general information about how our AI systems work, but we reserve the right to protect our proprietary algorithms and trade secrets.

7.1 Company IP Rights

The Services and all related technology, including software, algorithms, databases, proprietary methodologies, and Content (excluding User Content), are owned by us or our licensors and are protected by intellectual property laws. We reserve all rights not expressly granted to you.

7.2 Limited License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal or internal business purposes. This license does not include any right to:

• Sublicense, distribute, or transfer the Services
• Modify, adapt, or create derivative works
• Reverse engineer or attempt to discover source code
• Access or use the Services to develop competing products

7.3 User Content Rights

You retain ownership of User Content you submit to the Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, copy, modify, distribute, and display such content in connection with providing the Services. This license survives termination of your account.

7.4 Feedback License

Any feedback, suggestions, or ideas you provide regarding the Services become our property, and we may use such feedback without obligation or compensation to you.

7.5 DMCA Compliance

We respond to valid notices of copyright infringement under the Digital Millennium Copyright Act. If you believe your copyrighted work has been infringed, please contact our designated DMCA agent at [email].

7.6 Trademark Protection

"PropertyPulse.AI" and related marks are our trademarks. You may not use our trademarks without our prior written consent.

8.1 Third-Party Data Sources

Property Data is obtained from various sources, including Multiple Listing Services (MLS), public records, and third-party data providers. We do not control or verify the accuracy of such data.

8.2 MLS Data Restrictions

MLS data is provided under license and is subject to additional restrictions:

• Information is deemed reliable but not guaranteed
• Data is for personal, non-commercial use only unless otherwise authorized
• Reproduction or redistribution of MLS data is prohibited
• Specific MLS terms may apply depending on your location

8.3 Property Information Disclaimers

ALL PROPERTY DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE SPECIFICALLY DISCLAIM ANY WARRANTIES REGARDING:

• Accuracy of property descriptions, measurements, or features
• Current availability or pricing of properties
• Completeness of property histories or legal status
• Accuracy of tax, ownership, or lien information

8.4 Independent Verification Required

You acknowledge that all Property Data should be independently verified before making any real estate decisions. We strongly recommend:

• Professional inspections of any property you consider purchasing
• Independent appraisals and market analysis
• Legal and financial due diligence
• Verification of all material facts with appropriate professionals

9.1 Subscription Fees

Certain Services require payment of subscription fees as set forth on the Platform. All fees are non-refundable except as expressly stated in these Terms or required by law.

9.2 Billing Authorization

By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You are responsible for maintaining valid payment information.

9.3 Auto-Renewal

Subscriptions automatically renew for equivalent periods unless cancelled prior to renewal. We will charge your payment method for renewal fees unless you cancel your subscription.

9.4 Fee Changes

We may modify subscription fees with thirty (30) days' notice. Fee changes will apply to subsequent billing periods.

9.5 Taxes

You are responsible for all applicable taxes related to your use of the Services.

10.1 Service Availability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT THE SERVICES WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE

10.3 Third-Party Content

WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY CONTENT, INCLUDING PROPERTY LISTINGS, USER CONTENT, AND EXTERNAL WEBSITES. WE DO NOT ENDORSE OR VERIFY THIRD-PARTY CONTENT.

10.4 Professional Services Disclaimer

THE SERVICES DO NOT CONSTITUTE PROFESSIONAL REAL ESTATE, LEGAL, FINANCIAL, OR TAX ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR SPECIFIC GUIDANCE RELATED TO YOUR CIRCUMSTANCES.

10.5 No Real Estate Brokerage

PropertyPulse.AI is not a licensed real estate broker and does not provide brokerage services. We facilitate connections between users and licensed professionals but are not parties to any real estate transactions.

11.1 Maximum Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100), OR (B) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Exclusion of Consequential Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• COST OF SUBSTITUTE GOODS OR SERVICES
• PROPERTY DAMAGE OR PERSONAL INJURY
• BUSINESS INTERRUPTION OR DOWNTIME
• DAMAGE TO REPUTATION OR GOODWILL

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Allocation of Risk

YOU ACKNOWLEDGE THAT THE FEES PAID FOR THE SERVICES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

11.4 State Law Variations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.5 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

12.1 User Indemnification

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

• Your use of the Services
• Your violation of these Terms or applicable law
• Your User Content or activities
• Your violation of any third-party rights
• Any real estate transactions you enter into
• Any professional services you provide using the Platform

12.2 Company Indemnification

We will indemnify you against third-party claims that the Services, when used in accordance with these Terms, infringe a valid U.S. patent, copyright, or trademark, provided you promptly notify us of the claim and cooperate in the defense. Our obligation is limited to obtaining a license, modifying the Services, or terminating your access and refunding prepaid fees.

12.3 Indemnification Procedures

The indemnified party must promptly notify the indemnifying party of any claim and cooperate in the defense. The indemnifying party will control the defense and settlement, but may not settle without the indemnified party's consent if settlement affects the indemnified party's rights.

13.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our privacy practices as described in the Privacy Policy.

13.2 Data Security

While we implement reasonable security measures, no system is completely secure. You acknowledge that you provide information at your own risk.

13.3 Data Retention

We may retain your information for as long as necessary to provide the Services and comply with legal obligations, as detailed in our Privacy Policy.

14.1 Termination by You

You may terminate your account at any time by following the cancellation procedures on the Platform or by contacting us. Termination does not relieve you of obligations to pay accrued fees.

14.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without notice, for any reason, including:

• Breach of these Terms
• Violation of applicable law
• Fraudulent or illegal activity
• Extended periods of inactivity
• At our sole discretion with or without cause

14.3 Effect of Termination

Upon termination:

• Your right to access the Services ceases immediately
• We may delete your account and User Content
• Provisions that by their nature should survive will survive termination
• You remain liable for all obligations incurred prior to termination

14.4 Data Export

Prior to termination, you may export your User Content through available Platform tools. We are not obligated to provide access to User Content after termination.

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

15.1 Binding Arbitration

EXCEPT FOR DISPUTES RELATED TO INTELLECTUAL PROPERTY RIGHTS AND CERTAIN EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES.

15.2 Arbitration Procedures

• Arbitration will be conducted by a single arbitrator selected in accordance with AAA rules
• The arbitration will take place in Delaware, or another location mutually agreed upon
• The arbitrator will apply applicable law and these Terms
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court having jurisdiction

15.3 CLASS ACTION AND JURY TRIAL WAIVER

YOU AND PROPERTYPULSE.AI AGREE THAT:

• ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY
• YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS
• YOU WAIVE THE RIGHT TO A JURY TRIAL
• YOU MAY NOT CONSOLIDATE OR JOIN CLAIMS WITH THOSE OF OTHER PARTIES

15.4 Small Claims Exception

Either party may pursue claims in small claims court if the claim qualifies and remains in small claims court.

15.5 Injunctive Relief Exception

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

15.6 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to legal@propertypulse.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you opt out of the arbitration provision.

15.7 Severability of Arbitration Provision

If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder shall remain in effect. If the class action waiver is deemed invalid, the entire arbitration provision shall be void, but all other provisions of these Terms remain in effect.

15.8 Changes to Arbitration

We will not enforce any change to this arbitration provision against you if you properly opt out or if the change is made after a dispute arises.

16.1 Real Estate Law Compliance

Users must comply with all applicable real estate laws, regulations, and licensing requirements. This includes but is not limited to:

• Fair Housing Act and state fair housing laws
• Real Estate Settlement Procedures Act (RESPA)
• Truth in Lending Act (TILA)
• State real estate licensing requirements
• Professional conduct standards

16.2 Anti-Discrimination Policy

We prohibit discrimination based on race, color, religion, sex, handicap, familial status, national origin, or other protected characteristics. Users must comply with all fair housing and anti-discrimination laws.

16.3 Export Controls

The Services may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations.

16.4 Government Users

If you are a U.S. government entity, the Services are provided as "Commercial Items" as defined in FAR 2.101, and government rights are limited as set forth in these Terms.

17.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Jurisdiction and Venue

Subject to the arbitration provision, any legal action must be brought in the federal or state courts located in Delaware, and you consent to the jurisdiction of such courts.

17.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to be enforceable while preserving its intent.

17.4 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

17.5 Assignment

We may assign these Terms or any rights hereunder without notice. You may not assign these Terms without our prior written consent.

17.6 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.7 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.

17.8 Survival

Provisions that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

17.9 Third-Party Beneficiaries

These Terms do not create any third-party beneficiaries except as expressly stated.

17.10 Notices

Legal notices must be sent to legal@propertypulse.ai for us, and to your registered email address for you. Notices are effective when received.

For questions about these Terms, please contact us at:

PropertyPulse.AI, Inc.
Email: legal@propertypulse.ai
Phone: +1 844-733-3385

For technical support, please visit our support center or contact support@propertypulse.ai.