Terms of Service

1. This agreement

These Terms of Service (the "Terms") are a binding agreement between AgentBlitz ("AgentBlitz," "we," "us" or "our") and the person or organization that creates an account or uses AgentBlitz ("you"). They govern your use of the AgentBlitz website at agentblitz.com, the AgentBlitz application at app.agentblitz.com, and every related feature, email and service we provide (together, the "Services").

By creating an account, clicking a button that refers to these Terms, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you accept these Terms on behalf of a brokerage, company or other organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Services.

The Services are built for real estate businesses and their staff. You must be at least 18 years old and able to form a binding contract to use them. The Services are not intended for personal, family or household use.

2. Definitions

• Brokerage means the organization workspace created in the Services, usually a real estate brokerage, and the organization that owns it.
• Authorized User means an individual the Brokerage invites or allows to use its workspace, such as an owner, administrator, manager, marketing staff member or agent.
• Customer Content means everything you or your Authorized Users upload, enter, import or create in the Services, including listings, photos, logos, profiles, designs, captions, messages, posts, files and lead information.
• Output means content the Services generate for you, including AI-generated or AI-edited text, images and videos, and designs rendered from templates.
• Plan means the subscription tier and limits that apply to a Brokerage, as shown on our pricing page or in the Services.

3. Accounts and access

You must give accurate information when you create an account and keep it current. You are responsible for keeping your sign-in credentials confidential and for all activity under your account. Tell us right away at hello@agentblitz.com if you believe your account has been accessed without permission.

The Brokerage controls its workspace. Its owners and administrators decide who is invited, what roles and permissions each Authorized User has, and whether to remove someone. The Brokerage is responsible for the acts and omissions of its Authorized Users. An individual may belong to more than one Brokerage, and each Brokerage's workspace is kept separate.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription.

4. Trials, plans and billing

Free trial

A new Brokerage receives a free trial on the Starter Plan for 14 days. No payment card is required to start a trial. When the trial ends, features that require a paid Plan may be limited until the Brokerage chooses a Plan. We may change or end trial offers for new sign-ups at any time.

Paid plans and automatic renewal

Paid Plans are billed in advance on a monthly or yearly basis, as you choose at checkout. Your subscription renews automatically at the end of each billing period at the then-current price for your Plan until you cancel. We will charge the payment method on file through our payment processor, Stripe, at each renewal.

You can cancel at any time from Billing in your Brokerage settings or by emailing us. Cancellation takes effect at the end of the current billing period, and you keep access until then. Except where the law requires otherwise, fees are non-refundable, and we do not provide refunds or credits for partial periods, unused features or unused credits.

Price changes and taxes

We may change Plan prices or features. We will give the Brokerage's owners at least 30 days' notice by email or in the Services before a price increase applies to an existing subscription, and the change will take effect at your next renewal after that notice. Prices do not include taxes. You are responsible for all applicable sales, use and similar taxes, other than taxes on our income.

Late payment

If a payment fails, we may retry the charge, notify you, and limit or suspend paid features until the balance is paid. Upgrades, downgrades and Plan changes take effect as described in the Services at the time you make them.

5. AI credits

Some AI features use credits. Each paid Plan and the trial include a monthly credit allowance, and you can buy additional credit packs. The number of credits each feature uses is shown in the Services and may change. Credits have no cash value, cannot be transferred or exchanged for money, and are not refundable. We may set expiration rules for unused credits; any such rule will be shown in the Services before it applies. If a request fails for a reason on our side, we release the credits it reserved.

6. Your content

As between you and AgentBlitz, the Brokerage and its Authorized Users keep all rights they have in Customer Content. You grant AgentBlitz a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, modify and create derivative works of Customer Content only as needed to provide, secure, support and improve the Services for you, including sending content to the service providers described in our Privacy Policy. This license ends when the content is deleted from the Services, except for copies kept in routine backups or as required by law.

To the extent we have any rights in Output generated for you, we assign them to you, subject to these Terms. Output may not be unique, and other users may receive similar Output. We do not claim ownership of your designs, listings or marketing.

We do not sell Customer Content, and we do not use it to train artificial intelligence models.

7. Your responsibilities

You are responsible for Customer Content and for how you and your Authorized Users use the Services and Output. In particular, you represent and agree that:

• you have all rights, licenses and permissions needed to upload, import and use Customer Content, including listing photos, floor plans, logos, headshots and music, and to let us process it as described in these Terms;
• your advertising and communications comply with all laws and rules that apply to you, including the federal Fair Housing Act and state fair housing laws, real estate license and advertising rules (such as license number and brokerage name disclosure requirements), MLS and association rules, the CAN-SPAM Act, the Telephone Consumer Protection Act and state privacy laws;
• you will clearly disclose virtually staged or otherwise digitally altered images where the law, your MLS or your brokerage requires it;
• you have a lawful basis and any required consent to collect and use the personal information of the people you add to the Services, such as open house visitors, clients and referral contacts, and you will honor their requests to stop being contacted; and
• you will review Output, including listing facts, prices and compliance language, before you publish or send it.

AgentBlitz provides tools that can help with compliance, such as Fair Housing phrase checks, disclosure labels and locked template elements. These tools are aids only. They do not replace legal advice or your Brokerage's own review, and the Brokerage remains responsible for its advertising.

8. Listing link import

When you ask the Services to import a listing from a web address, our system requests that single page on your behalf, reads the listing details and photos, and shows them to you for review. Before importing, you must confirm that you have permission to use the photos and content on that page. We record that confirmation, including the address imported, the time and the account that made it.

You may import only pages you or your Brokerage control or are authorized to use. Some websites do not allow automated reading of their pages, and the Services will not import from them. You must not use the import feature to copy content you do not have the right to use or to get around a website's technical limits or terms.

9. AI features

AI features generate text, edit images, stage rooms and produce other Output using machine learning models, including models provided by third parties. AI Output can be inaccurate, incomplete, offensive or similar to content created for others, and an edited image may not accurately represent a property. You are responsible for reviewing Output and deciding whether to use it. Do not rely on Output as legal, tax, financial or professional advice, or as a statement of a property's condition, features or value.

Images altered by AI that change how a property looks are labeled in the Services as needing disclosure. You must keep any required disclosure with the image wherever you use it.

10. Acceptable use

You will not, and will not allow anyone else to:

• use the Services in violation of any law, or to publish advertising that discriminates or expresses a preference, limitation or discrimination based on a protected characteristic;
• upload or share content that infringes or misappropriates anyone's intellectual property, privacy or publicity rights, or that is defamatory, harassing, sexually explicit, violent or otherwise objectionable;
• send spam, unsolicited bulk messages or messages that violate anti-spam or telemarketing laws;
• upload malware, probe or test the security of the Services, or interfere with their operation, except under a written security testing agreement with us;
• scrape, crawl or extract data from the Services by automated means, or use the Services to scrape third-party websites beyond the single-page listing import described above;
• copy, modify, reverse engineer or create derivative works of the Services, except as the law expressly permits;
• access the Services to build a competing product, or resell, sublicense or provide the Services to others outside your Brokerage;
• share sign-in credentials, impersonate any person, or misrepresent your affiliation with a brokerage; or
• get around usage limits, credit charges, rate limits, bot protection or access controls.

11. Third-party services

The Services work alongside products we do not control, such as payment processing by Stripe, social networks, email providers, calendar applications and MLS systems. AgentBlitz does not post to social networks on your behalf; you publish content from your own accounts. Your use of third-party services is governed by their terms, and we are not responsible for them.

12. Our intellectual property

AgentBlitz and its licensors own the Services, including the software, templates, design system, text, graphics, logos and trademarks, and all related intellectual property rights. Except for the rights expressly granted in these Terms, no rights are granted to you. You may use templates and other materials we provide only within the Services and in the marketing you create with them.

If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation.

13. Privacy and data

Our Privacy Policy explains how we handle personal information. When a Brokerage uses the Services to collect or store personal information about its own clients, prospects or open house visitors, the Brokerage decides why and how that information is used, and we process it on the Brokerage's behalf to provide the Services. The Brokerage is responsible for giving any required notices to those individuals and for responding to their requests, and we will provide reasonable help.

Members can download a copy of their data from Settings. A Brokerage may ask us for an export of its workspace data before or within 30 days after its subscription ends.

14. Suspension and termination

You may stop using the Services and cancel at any time. We may suspend or limit access, with notice where practical, if we reasonably believe that you have breached these Terms, that your use creates a security, legal or operational risk, or that payment is overdue. We may terminate these Terms for a material breach that is not cured within 15 days after notice, or immediately for serious or repeated violations of the acceptable use rules or the law.

When a subscription or these Terms end, your right to use the Services ends. We may delete Customer Content after 30 days, subject to any longer period required by law. Sections that by their nature should survive termination, including those on fees owed, content licenses needed for retained backups, disclaimers, limitation of liability, indemnification and disputes, will survive.

15. Disclaimers

The Services and all Output are provided "as is" and "as available." To the fullest extent permitted by law, AgentBlitz disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error free or secure, that Output will be accurate or lawful for your purposes, or that the Services will meet your requirements.

16. Limitation of liability

To the fullest extent permitted by law, AgentBlitz will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, commissions, business opportunities, goodwill or data, arising out of or related to these Terms or the Services, even if advised of the possibility of those damages.

To the fullest extent permitted by law, AgentBlitz's total liability arising out of or related to these Terms or the Services will not exceed the greater of the amounts you paid us for the Services in the 12 months before the event giving rise to the claim, or one hundred US dollars ($100).

These limits do not apply to liability that cannot be limited under applicable law, including liability for fraud, willful injury or gross negligence.

17. Indemnification

You will defend, indemnify and hold harmless AgentBlitz and its owners, employees and contractors from any third-party claim, and related losses, damages, fines and reasonable attorneys' fees, arising out of Customer Content, your marketing or communications, your violation of these Terms, or your violation of any law or third-party right. We will promptly notify you of the claim, let you control its defense and settlement (except that you may not settle a claim that imposes obligations on us without our consent), and give reasonable cooperation at your expense.

18. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally by sending a written description of it to the other and negotiating in good faith for 30 days. If the dispute is not resolved, it will be decided exclusively in the state courts located in Sacramento County, California, or the United States District Court for the Eastern District of California, and each party consents to the personal jurisdiction of those courts. Either party may seek temporary injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

19. Changes

We may update these Terms. If a change is material, we will give at least 30 days' notice by email to account owners or in the Services before it takes effect, unless the change is required by law or addresses a security issue, in which case it may take effect sooner. The "Last updated" date above shows when these Terms last changed. If you continue to use the Services after a change takes effect, you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

We continually improve the Services and may add, change or remove features. If we remove a feature that is material to a paid Plan, we will give reasonable notice.

20. General terms

• Entire agreement. These Terms, the Privacy Policy and any order or plan details shown at checkout are the entire agreement between you and us about the Services and replace any prior agreements on that subject.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
• Notices. We may send notices to the email address on the account or within the Services. You may send notices to hello@agentblitz.com.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect. Failing to enforce a provision is not a waiver.
• Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, employment or agency relationship.
• Export and sanctions. You will comply with US export control and sanctions laws in using the Services.
• Copyright notices. Our process for claims of copyright infringement is described in our Copyright and DMCA Policy.

21. Contact

Questions about these Terms? Email hello@agentblitz.com.