Terms and Conditions
These Terms and Conditions (“Terms”) govern your access to and use of the Agents Intel cloud-based application, related online services, APIs, and any associated software or documentation (collectively, the “Software”) provided by Agents Intel LLC (“Company,” “we,” “us,” or “our”), a company registered in Pennsylvania, USA.
By accessing or using the Software, you agree to be bound by these Terms on behalf of yourself and the organization you represent (if applicable). If you do not agree, do not use the Software.
1. Definitions
For clarity, the following terms have these meanings:
– “Software” means the Agents Intel cloud-based application, related online services, APIs, and any associated software or documentation.
– “User Data” means any data, content, or information you upload or input into the Software.
– “You” or “User” means the licensed real estate agent or professional individual accessing or using the Software.
– “Customer” means the organization or entity (e.g., agent, team) on whose behalf the User is accessing and using the Software. Where context allows, “You” or “User” may also refer to the Customer.
– “Authorized User” means an individual (such as an employee, independent contractor, or agent of the Customer) authorized by the Customer to use the Software on the Customer’s behalf.
– “Subscription” means any paid plan, service, or trial period provided for use of the Software.
2. Eligibility
The Software is intended for use solely by professionals located in the United States. By using the Software, you represent and warrant that:
– You are at least 18 years old.
– You reside and work in the United States.
– If you are using the Software on behalf of a Customer, you have the full power and authority to enter into these Terms on behalf of that Customer.
3. License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software remotely via the internet, solely for your internal business purposes as a real estate professional or for the internal business purposes of the Customer you represent. You acknowledge that the Software is licensed, not sold, and that all rights not expressly granted are reserved by us.
4. Service Availability and Maintenance
We strive to ensure the Software is available 24/7; however, you acknowledge that occasional interruptions, downtime, or maintenance periods may occur. We are not liable for any damages arising from service interruptions or unavailability. We may schedule maintenance during off-peak hours and will provide notice where practicable.
5. User Data, Consent, and Ownership
– You represent and warrant that you have the legal right to access, upload, and use the data you provide.
– You voluntarily consent to share your data with us for the purposes of data analysis and operation of the Software.
– You retain ownership of the data you input into the Software.
– You grant us a limited, royalty-free license to analyze, process, store, and use your data solely for operation, improvement, and delivery of the Software.
– Your data will be stored securely while your user account remains active.
– We implement commercially reasonable security measures to protect your data but are not responsible for data loss. You are responsible for maintaining your own backups.
– We may use aggregated and anonymized data for analytical and product improvement purposes.
– We do not sell your personal data.
6. Data Privacy Rights – California, Colorado, Connecticut, Virginia, and Utah Residents
Residents of California (CCPA/CPRA), Colorado (CPA), Connecticut (CTDPA), Virginia (VCDPA), and Utah (UCPA) have certain rights regarding their personal data, including:
– The right to know what personal data we collect and how we use it.
– The right to access your personal data.
– The right to request correction of inaccurate data.
– The right to request deletion of your personal data.
– The right to opt out of targeted advertising, profiling, and certain data sharing.
– The right to non-discrimination for exercising your privacy rights.
– To exercise these rights, please contact us at the contact information provided below.
We do not sell your personal data. We honor opt-out signals and browser-based global privacy control settings where required by law.
7. Accuracy of Results
The Software provides data analysis based on the information you input. We make no guarantees regarding the accuracy, completeness, or reliability of any analytical results or insights generated. All output is provided “as is” for informational purposes only. You are solely responsible for decisions made based on the results provided.
8. User and Customer Responsibilities
You and, if applicable, the Customer are responsible for:
– The accuracy, legality, and appropriateness of the User Data you input.
– Maintaining the confidentiality of all account credentials, including usernames and passwords, and not sharing them with unauthorized persons.
– Ensuring your use complies with all applicable local, state, and federal laws.
– Notifying us immediately if you become aware of any unauthorized access to your account or any violation of these Terms.
9. Authorized Users
The Customer may allow its employees, independent contractors, and agents to use the Software on behalf of the Customer as Authorized Users. The Customer is responsible for creating, managing, and terminating Authorized User accounts. Authorized Users must comply with these Terms. The Customer shall be liable for any breach of these Terms by any Authorized User. All Authorized Users are bound by the same responsibilities as a User under these Terms.
10. Restrictions and Acceptable Use Policy
You agree not to:
– Reverse engineer, decompile, or disassemble the Software.
– Sell, sublicense, rent, lease, or distribute the Software except as expressly permitted under these Terms.
– Use the Software for any unlawful, harmful, misleading, or unauthorized purposes.
– Provide User Data you do not have legal rights to use or share.
– Engage in any activity that may damage, disable, overburden, or impair the Software or interfere with any other party’s use.
– Use automated means (bots, scrapers) to access or collect data from the Software without prior written consent.
11. Intellectual Property Rights
The Software, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Software for your personal or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Software, except as generally permitted through the Software’s functionality.
12. Account Suspension and Termination
We may suspend or terminate your and the Customer’s access to the Software at any time for breach of these Terms, for non-payment, or for other reasons, with notice where practicable. We may issue a warning for minor breaches. Repeated violations may result in permanent termination. Upon termination, your license and the Customer’s right to use the Software ends, and you and the Customer must cease all use of the Software.
You acknowledge that upon termination or suspension, your access to User Data may be restricted or deleted after a grace period of 30 days unless otherwise required by law. You are responsible for exporting or backing up your data prior to termination.
13. DMCA / Copyright Complaints
If you believe your copyrighted work has been infringed upon through the Software, please contact us at the contact information provided below. We will respond promptly to remove infringing content in compliance with the Digital Millennium Copyright Act.
14. Subscription and Billing (If Applicable)
– If payment is required for a Subscription or trial, you agree to pay all fees described during registration or on the applicable fee schedule.
– Subscriptions and trials renew automatically unless canceled before the renewal or trial expiration date.
– We may offer free trials or promotional periods, which convert to paid subscriptions upon expiration unless canceled.
– Upgrades, downgrades, and cancellations are subject to our policies and are effective from the next billing cycle.
– All fees are non-refundable for past charges, and we do not provide pro-rated or partial refunds for cancellations or downgrades unless required by law.
– For residents of New York and California, we comply with applicable automatic renewal laws, including clear notice of recurring charges and easy cancellation methods.
Payment Process: Your account is automatically billed once per year, in advance, on the day of your billing cycle. If a yearly credit card charge fails, we will try to make additional attempts to run the charge after your billing due date. After a failed attempt, we may immediately suspend your and the Customer’s access to the Software. We will attempt to notify the Customer via e-mail of the failed charge attempt(s).
You are responsible for all applicable taxes associated with your Subscription
15. Data Retention and Deletion
Your uploaded data will be retained while your account is active. Upon termination or deletion of your account by the Customer, we will delete your data within a reasonable time, unless otherwise required by law. We may delete, without liability, any User Data that remains in our Software after the Customer’s failure to pay, or any termination or suspension of the Customer’s account. You and the Customer are solely responsible for ensuring you have any necessary local backups of your data before requesting cancellation or in anticipation of account suspension/termination.
16. Use of Third-Party Services
The Software may integrate with third-party services for functionality or data. By using integrations with third-party services through the Software, you acknowledge that your User Data may be shared with those services, subject to their own privacy policies. We are not responsible for the privacy practices or performance of these third parties. Your use of third-party services will be subject to their respective terms and conditions.
17. Disclaimers
The Software is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or performance. We are not liable for any decisions made based on the Software’s outputs. We do not warrant that the Software will be uninterrupted or error-free, or that any defects will be corrected.
18. Limitation of Liability
To the fullest extent permitted by applicable law, Agents Intel LLC, its officers, employees, and affiliates shall not be liable for any:
– Loss of data, inaccurate results, or business losses.
– Indirect, incidental, consequential, special, or punitive damages whatsoever.
– Claims arising from misuse or reliance on the Software.
– Our total aggregate liability to you or the Customer for any damages arising out of or related to your use or inability to use the Software shall not exceed the amount you paid for the Software in the 12 months preceding the claim. We are not liable for any loss of User Data. You acknowledge and agree that you are solely responsible for backing up any data you provide or process through the Software.
19. Indemnification
You and the Customer agree to defend, indemnify, and hold harmless Agents Intel LLC its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Software; (ii) your breach of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your User Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Software.
20. Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of God, war, acts of terrorism, civil commotion, strikes, internet failures, power outages, labor disputes, or governmental actions.
21. Export Controls
You and the Customer agree to comply with all applicable United States and international export control laws and regulations. You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree not to use the Software for any purposes prohibited by applicable law.
22. Children’s Online Privacy Protection
The Software is not directed to individuals under 18 years of age, and we do not knowingly collect personal information from anyone under 18. If we become aware that we have collected personal data from a person under 18, we will take steps to delete that information promptly.
23. Cookie and Tracking Technologies
Our use of cookies and similar technologies is described in our Privacy Policy. By using the Software, you consent to such use.
24. Commercial E-mail Consent
You and the Customer consent to receive commercial emails from us and/or our partners regarding the Software and related offers. You acknowledge and agree that your primary email address and other information may be used for the purposes of initiating commercial email messages. You may opt out of receiving certain commercial messages, but to stop receiving all communications from us (including administrative messages regarding the Software), you will need to terminate your account.
25. Governing Law and Jurisdiction
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. Any disputes shall be resolved in Pennsylvania courts. If you are a resident of California or New York, you may also bring claims in your state of residence under applicable consumer protection laws.
26. Changes to These Terms
We reserve the right to update these Terms at any time. Changes will be posted here with an updated effective date. We may notify you of material changes via email or through the Software. Continued use of the Software after changes constitutes acceptance of the updated Terms.
27. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
28. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Agents Intel LLC regarding the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software.
29. Business Transfers
If we are involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, your data and user account information may be transferred to a successor or acquiring company as part of that transaction. In such cases:
– The new entity will assume the rights and obligations under these Terms.
– We will provide notice (via email and/or a prominent notice in the Software) of any such change in ownership or control.
– If the new entity’s privacy practices differ materially from ours, we will give you the opportunity to opt out or delete your account and data before the changes take effect, where required by law.
