Terms of
Service
This Agreement explains the terms and conditions under which you may access and use the products and services made available by RealtyCTL, including website, marketing, CRM, messaging, social media, and AI-assisted services.
Please Read Carefully
These Terms contain important provisions regarding limitations of liability, dispute resolution, and other legal rights and obligations. By accessing or using the Services, you agree to be bound by this Agreement.
Agreement Scope
This Agreement covers all products and services offered by RealtyCTL, including:
Website Services
Design, development, hosting, SEO & landing pages
Marketing Services
Advertising, lead generation & campaign management
CRM Services
Setup, automation, integrations & pipeline tools
Messaging Services
SMS, email, chat & communication automation
Social Media Services
Content creation, scheduling & publishing
AI Services
AI-assisted content, automation & recommendations
The Services
1.1 Registration
- Provide accurate, current, and complete information and keep it updated.
- If registering on behalf of a business, you must be authorized to bind that entity.
- You are responsible for maintaining the confidentiality and security of your credentials.
- You may not impersonate another person or misrepresent your affiliation.
1.2 Privacy
- Your use of the Services is subject to our Privacy Policy.
- By using the Services, you acknowledge we may collect, use, and disclose information as described in our Privacy Policy.
1.3 No Children
- Services are intended for adults and business users only.
- Individuals under 18 years of age may not use the Services.
1.4 Grant of Access
- Subject to compliance, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for internal business purposes.
- We and our licensors retain all rights, title, and interest in the Services, including all associated technology, software, designs, and intellectual property.
1.5 User Content
- You retain ownership of content, data, materials, branding, and information you provide to us.
- You grant us a non-exclusive, worldwide, royalty-free license to host, use, reproduce, and process User Content solely as necessary to provide and improve the Services.
- You are solely responsible for your User Content and ensuring you have all rights, permissions, and authority required.
1.6 Acceptable Use
- Do not use the Services for unlawful, fraudulent, harmful, or deceptive purposes.
- Do not upload content that is false, infringing, defamatory, obscene, discriminatory, or harassing.
- Do not interfere with, disrupt, or gain unauthorized access to the Services or related systems.
- Do not reverse engineer, decompile, scrape, or extract source code or underlying technology.
- Do not send spam or unauthorized bulk messages.
- Do not upload malware, viruses, worms, or harmful code.
- Do not misrepresent AI-generated content as verified factual information without proper review.
1.7 Third-Party Services
- The Services may integrate with third-party platforms, tools, and services.
- Your use of Third-Party Services is subject to their own terms and policies.
- We are not responsible for third-party availability, security, accuracy, or service interruptions.
1.8 Customer Responsibility
- You remain solely responsible for your own business decisions, representations, and marketing claims.
- Listing accuracy, lead handling, communications, regulatory compliance, and customer interactions are your responsibility.
Fees and Payments
2.1 Fees
- You agree to pay all fees, retainers, setup fees, recurring fees, ad management fees, and other amounts due as set forth in an Order Form or invoice.
- Unless otherwise stated in writing, all Fees are in U.S. dollars and are due upon receipt of invoice.
2.2 Payment Authorization
- By providing a payment method, you authorize us to charge it for all Fees due.
- If payment is not received, we may suspend or terminate Services and pursue collection costs.
2.3 Non-Refundable Payments — Except as expressly stated in writing, all payments are non-cancellable and non-refundable once due or paid, including setup fees, service fees, ad management fees, creative fees, media spend, and other charges.
2.4 Taxes
- Fees do not include taxes unless expressly stated otherwise.
- You are responsible for all sales, use, VAT, GST, withholding, and similar taxes associated with your purchase or use of the Services.
2.5 & 2.6 Fee Changes & Ad Spend
- We may modify pricing for future terms by providing notice through email, invoice, or website posting.
- You are responsible for all ad spend, media budgets, platform charges, and third-party pass-through expenses.
- Ad spend amounts are non-refundable once committed, spent, or billed by third-party platforms.
Website, Marketing, CRM & Related Services
If you purchase Website Services, Marketing Services, CRM Services, Messaging Services, Social Media Services, AI Services, or related bundled services, the following additional terms apply.
3.2 Launch Timelines
- Any launch date or timeline depends on timely cooperation from Customer.
- You must provide content, approvals, logins, assets, branding materials, and feedback when requested.
- Delays caused by Customer may extend timelines and do not excuse payment obligations.
3.3 Revisions
- Revisions are limited to the scope described in the applicable Order Form or proposal.
- Additional revision rounds, custom development, or out-of-scope changes may require additional fees.
3.4 Templates and Legal Text
- Template website text, privacy policy drafts, SMS consent text, and other materials are provided for convenience only.
- These do not constitute legal advice.
- You are solely responsible for reviewing all materials with your own legal counsel.
3.6 Customer Responsibilities
- Legality, accuracy, and completeness of your website, campaigns, messaging, and operations.
- All required consents, notices, authorizations, and rights for the Services.
- Maintaining your own licenses, brokerage disclosures, and compliance notices.
- Reviewing and approving content before publication or distribution.
- Ensuring listings, pricing, testimonials, and promotional statements are accurate and lawful.
3.7 Real Estate Compliance
- Fair Housing Act compliance and anti-discrimination laws.
- Required brokerage and licensing disclosures.
- MLS, IDX, and listing syndication rules.
- TCPA, CAN-SPAM, Do-Not-Call, and communication rules.
- Privacy and data protection laws in each jurisdiction where you operate.
3.9 Messaging & Consent — No mobile information will be shared with third parties for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with third parties. You are solely responsible for obtaining all legally required consents and honoring opt-out requests.
3.11 Social Media & Advertising Platforms
- Platform policies may change at any time without notice.
- Account restrictions, ad disapprovals, or suspensions may occur.
- Results are not guaranteed.
- We are not liable for platform decisions, outages, policy changes, or account penalties.
Term and Termination
4.2 Subscription Renewal
- Subscriptions may automatically renew for successive renewal terms unless either party gives written notice of non-renewal at least 30 days before the end of the current term.
4.3 Termination for Breach
- Either party may terminate for material breach if the other party fails to cure within 30 days of written notice.
4.4 Termination for Nonpayment
- We may suspend or terminate the Services immediately upon failure to pay any amount when due.
4.5 Early Termination — If Customer terminates recurring Services before the end of the Subscription Term, Customer remains responsible for all remaining fees due for the balance of that term. The parties agree these amounts are a reasonable estimate of damages and are not a penalty.
4.6 Effect of Termination
- Your right to access and use the affected Services ends immediately.
- We may disable related accounts, hosting, automations, and access.
- We may delete or archive data in accordance with our retention practices.
- Payment obligations accrued before termination survive.
Intellectual Property
5.1 Our Ownership
- We own all rights, title, and interest in the Services, including software, workflows, templates, processes, interfaces, designs, and all related intellectual property.
5.2 Restrictions
- You may not copy, resell, sublicense, distribute, modify, reverse engineer, or create derivative works from the Services except as expressly permitted in writing.
5.3 & 5.4 Feedback & Marks
- If you provide suggestions or feedback, we may use them without restriction or compensation.
- You may not use our name, logos, trade names, or branding without our prior written consent.
Content, Creative Work & AI
6.1 & 6.2 Ownership
- You retain ownership of your original User Content.
- Subject to payment and compliance, you may use final deliverables created specifically for you.
- We retain ownership of all pre-existing templates, frameworks, systems, prompts, automations, and reusable assets.
6.3 AI-Generated Content
- We may use artificial intelligence to create website copy, blog posts, social media content, ad copy, automations, and other outputs.
- Subject to payment and compliance, you may use AI Content generated specifically for you.
- We retain all rights in the underlying systems, prompts, models, templates, and technologies used.
6.4 Customer Review Required
- You are solely responsible for reviewing, verifying, editing, and approving all content before publication or use.
- Your approval constitutes confirmation that the content is accurate, appropriate, and lawful.
6.5 AI Disclaimer — AI Content may contain errors, omissions, outdated information, hallucinations, or non-original material. We make no warranty that AI Content is accurate, complete, original, non-infringing, or legally compliant. You must independently verify it before relying on or publishing it.
Liability, Disclaimers & Disputes
8.1 General Disclaimer — The Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.
8.2 No Guaranteed Results
- We do not guarantee any business outcome, lead volume, ranking position, ad performance, traffic result, conversion rate, revenue, or other commercial result.
9. Limitation of Liability — Our total aggregate liability shall not exceed the greater of (a) the total amount paid by you during the six months before the claim, or (b) USD $100. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data.
10. Indemnification
- You agree to defend and hold harmless RealtyCTL from claims arising out of your use of the Services.
- Includes claims related to your User Content, breach of this Agreement, violations of applicable law, or failure to obtain required consents.
11. Dispute Resolution
- Parties agree to first attempt good faith informal resolution by written notice.
- Disputes may be resolved by binding arbitration on an individual basis.
- No class actions — disputes must be brought on an individual basis only.
- Court proceedings shall be brought in courts located in Delaware.
12. Governing Law — This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles, unless another governing law is expressly stated in an applicable signed Order Form.
Miscellaneous
- Entire Agreement — This Agreement and any applicable Order Form constitutes the entire agreement and supersedes prior discussions on the same subject.
- Assignment — You may not assign this Agreement without our prior written consent. We may assign in connection with a merger, restructuring, or sale of assets.
- Notices — We may provide notices by email, account notice, invoice, or website posting. Such notices satisfy legal notice requirements.
- Severability — If any provision is found unenforceable, remaining provisions remain in full force and effect.
- No Waiver — Our failure to enforce any provision is not a waiver of that or any other provision.
- Force Majeure — We are not liable for delay or failure caused by events beyond our reasonable control, including outages, natural disasters, or platform failures.
Contact Us
For legal notices or questions regarding these Terms of Service.
NextCTL LLC — RealtyCTL is a brand operated by NextCTL LLC. realtyctl.com ↗