Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Client", "you") and Omni Agent LLC ("Omni Agent", "Company", "we", "us", "our"), governing your use of our AI-powered real estate marketing platform and related services.

These Terms apply to all visitors, users, and others who access or use our Services, including but not limited to:

• Our website at www.getomniagent.com
• Our AI marketing platform and tools
• All related services, features, and functionalities

2. Definitions

For purposes of these Terms:

• "Services" means all services provided by Omni Agent, including our AI marketing platform, content generation, SEO optimization, and related features.
• "Platform" means our proprietary AI-powered marketing system and all associated technology.
• "Territory" means the exclusive geographic area (neighborhood, zip code, or region) assigned to a Client.
• "Content" means all text, images, videos, data, and other materials created, uploaded, or generated through our Services.
• "AI-Generated Content" means content created by our artificial intelligence systems on your behalf.
• "Beta Program" means our limited early-access program with special pricing and terms.
• "Subscription" means your paid access to our Services under your selected plan.

3. Services Description

3.1 Service Package

Our Beta Package includes:

• Complete SEO and AI optimization for search engines and AI platforms
• Daily hyperlocal content generation and publication
• Google Business Profile management and optimization
• Social media content creation (user posts manually)
• Community calendar and neighborhood insights
• Lead generation tools and magnets
• Protected territory exclusivity

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice of material changes that affect your subscription.

3.3 Service Level

While we strive for 99.9% uptime, we do not guarantee uninterrupted or error-free operation of our Services. Scheduled maintenance will be communicated in advance when possible.

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Hold a valid real estate license in your operating jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete registration information
• Not be prohibited from using our Services under applicable law

4.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or use
• Ensuring your account information remains accurate and up-to-date
• Compliance with your brokerage's policies and regulations

4.3 Account Restrictions

• One account per individual or business entity
• Accounts are non-transferable without written consent
• Sharing account access is prohibited

5. Territory Exclusivity

5.1 Exclusive Territory Rights

Upon acceptance into our program and selection of a territory:

• You receive exclusive rights to use our Services in your designated territory
• No other agent can purchase our Services for that same territory
• Territory boundaries are defined by zip codes, neighborhoods, or geographic regions as agreed upon
• Exclusivity remains in effect for the duration of your active subscription

5.2 Territory Assignment

• Territories are assigned on a first-come, first-served basis
• Territory availability is determined at our sole discretion
• We reserve the right to adjust territory boundaries for operational reasons with 30 days notice
• Territory size may vary based on market density

5.3 Territory Restrictions

You may not:

• Market or operate outside your designated territory using our Services
• Sublicense or share your territory rights
• Claim or imply exclusivity beyond what we provide

6. Fees and Payment

6.1 Subscription Fees

• All fees are in US dollars and exclude applicable taxes
• Subscription fees are billed monthly in advance
• Beta pricing is locked for 12 months from enrollment date
• After beta period, standard pricing applies with 30 days notice

6.2 Payment Terms

• Payment is due upon registration and on the same day each month thereafter
• We accept major credit cards and ACH transfers
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension after 7 days

6.3 Refund Policy

30-Day Money-Back Guarantee: If you are unsatisfied with our Services within the first 30 days of your initial subscription, you may request a full refund by contacting support@getomniagent.com. This guarantee applies only to first-time customers and the initial subscription period. All refunds are subject to a $250 non-refundable initiation fee, meaning you will receive a refund for the amount paid minus $250.

After 30 days:

• No refunds for partial months
• No refunds for unused services
• Refunds for service failures will be prorated based on downtime

6.4 Fee Changes

We may modify fees with 30 days advance notice. Continued use after the notice period constitutes acceptance of new fees.

7. Beta Program Terms

7.1 Beta Program Benefits

• 50% discount from standard pricing
• Price lock guarantee for 12 months
• Priority access to new features
• Direct input on product development

7.2 Beta Program Limitations

• Limited to 20 total participants
• Services may include features in development
• Additional feedback and communication may be requested
• Some features may be modified or removed during beta

7.3 Beta Feedback

By participating in the beta program, you agree to provide reasonable feedback about your experience. All feedback becomes our property and may be used without compensation.

8. Acceptable Use Policy

8.1 Permitted Use

You may use our Services solely for:

• Legitimate real estate marketing activities
• Promoting your real estate services within your territory
• Building your professional online presence
• Generating leads and client engagement

8.2 Prohibited Activities

You may not:

• Violate any applicable laws, including real estate regulations and Fair Housing Act
• Misrepresent property information or market data
• Engage in false or misleading advertising
• Harass, defame, or harm others
• Infringe on intellectual property rights
• Attempt to reverse engineer our Platform
• Use automated systems to access our Services beyond intended use
• Resell or redistribute our Services
• Circumvent territory restrictions
• Upload malicious code or content
• Use the Services for any illegal or unauthorized purpose

8.3 Compliance Requirements

You must comply with:

• All federal, state, and local real estate laws
• National Association of Realtors Code of Ethics
• Your brokerage's policies and procedures
• MLS rules and regulations
• Advertising standards and disclosures
• Fair Housing Act and equal opportunity laws

9. Content and Intellectual Property

9.1 Your Content

You retain ownership of content you provide to us, including:

• Photos and videos you upload
• Business information and branding materials
• Client testimonials and reviews
• Custom content you create

By providing content, you grant us a worldwide, non-exclusive license to use, modify, and display such content solely for providing our Services to you.

9.2 Our Intellectual Property

We retain all rights to:

• Our Platform and underlying technology
• Our proprietary AI systems and algorithms
• Our branding, trademarks, and trade secrets
• Templates, frameworks, and methodologies

9.3 AI-Generated Content Ownership

Content generated by our AI on your behalf:

• Is licensed to you for use during your subscription
• May be used for your real estate marketing purposes
• Becomes your property upon full payment of applicable fees
• May not be resold or redistributed to third parties

9.4 Content Representations

You represent and warrant that:

• You have rights to all content you provide
• Your content doesn't violate third-party rights
• Your content is accurate and not misleading
• You have necessary permissions for testimonials and photos

10. AI-Generated Content Terms

10.1 AI Content Generation

Our AI systems generate content based on:

• Information you provide during onboarding
• Market data and local trends
• Best practices in real estate marketing
• Your specified tone and brand voice

10.2 Content Accuracy

10.3 Content Modification Rights

You may:

• Review and edit AI-generated content before publication
• Request revisions to match your preferences
• Reject content that doesn't meet your standards
• Add your own content alongside AI-generated material

10.4 AI Limitations

You acknowledge that:

• AI-generated content may require human review and editing
• AI cannot replace professional judgment in real estate matters
• We are not responsible for decisions made based on AI content
• AI systems may occasionally produce errors or inaccuracies

11. Privacy and Data Security

11.1 Privacy Policy

Your use of our Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and protect your information.

11.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and testing
• Access controls and authentication
• Secure data centers with SOC 2 compliance

11.3 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you within 72 hours as required by law and take appropriate remedial measures.

12. Warranties and Disclaimers

12.1 Service Warranty

We warrant that our Services will be provided in a professional manner consistent with industry standards. This is our only warranty regarding the Services.

12.2 Disclaimers

12.3 No Guarantee of Results

We do not guarantee:

• Specific business results or income levels
• Lead generation quantities or quality
• Search engine rankings or social media engagement
• Real estate transaction outcomes
• Return on investment

Any testimonials or case studies represent individual results and are not typical or guaranteed.

13. Indemnification

You agree to indemnify, defend, and hold harmless Omni Agent LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Content you provide or approve for publication
• Your real estate activities and client relationships
• Any misrepresentation or false advertising claims
• Disputes with other real estate professionals
• Fair Housing Act violations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

14. Limitation of Liability

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

15. Termination

15.1 Termination by You

You may terminate your subscription at any time by:

• Providing written notice to support@getomniagent.com
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months except as provided in Section 6.3

15.2 Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Illegal or fraudulent activity
• Actions that harm our reputation or other users
• Violation of Fair Housing or real estate laws
• At our discretion with 30 days notice for any reason

15.3 Effects of Termination

Upon termination:

• Your access to the Platform ceases immediately
• Territory exclusivity rights are forfeited
• We may delete your data after 30 days
• You remain liable for all fees accrued before termination
• AI-generated content licenses expire (except for paid content)
• You must cease using our intellectual property

15.4 Survival

The following sections survive termination: Fees owed, Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, and General Provisions.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@getomniagent.com. We will attempt to resolve the dispute informally for 30 days.

16.2 Binding Arbitration

YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT, except that you may assert claims in small claims court if eligible.

Arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be held in Los Angeles County, California, or at your option, conducted via telephone or video conference.

16.3 Class Action Waiver

16.4 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

16.5 Injunctive Relief

Notwithstanding the above, either party may seek injunctive relief in court to prevent irreparable harm or preserve the status quo.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements explicitly incorporated by reference, constitute the entire agreement between you and Omni Agent LLC.

17.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified via email or Platform notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

17.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.4 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

17.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.6 Force Majeure

Neither party is liable for failure to perform obligations due to causes beyond reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, or government actions.

17.7 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. You are an independent contractor.

17.8 Electronic Communications

You consent to receive electronic communications from us. Electronic communications satisfy any legal requirement for written communications.

17.9 Export Controls

You may not use or export our Services in violation of U.S. export laws and regulations.

17.10 California Residents

If you are a California resident, you may report complaints to the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Contact Information

For all inquiries regarding these Terms and Conditions or our Services:

Email: legal@getomniagent.com