Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of EstateGPT's home inspection management platform and services (the "Service") operated by EstateGPT ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

EstateGPT provides a comprehensive platform for home inspection professionals to:

• Manage and schedule property inspections
• Create and deliver digital inspection reports
• Manage client relationships and communications
• Process payments and invoicing
• Integrate with Google Calendar for scheduling
• Store and organize inspection documentation

3. Account Registration and Security

3.1 Account Creation

To use our Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3.2 Professional Use

You represent that you are a qualified home inspection professional or business authorized to perform property inspections in your jurisdiction.

4. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws or regulations in your jurisdiction
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Impersonate another person or entity
• Share false or misleading information in inspection reports
• Use the Service to harass, abuse, or harm others
• Resell or redistribute the Service without authorization
• Reverse engineer or attempt to extract source code

5. Payment Terms

5.1 Subscription Fees

Access to certain features requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees based on your selected plan
• Provide valid payment information
• Authorize recurring charges for subscription renewals

5.2 Payment Processing

Payments are processed through Stripe. By using our payment features, you also agree to Stripe's terms of service.

5.3 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy.

6. Intellectual Property Rights

6.1 Our Property

The Service and its original content (excluding user content), features, and functionality are owned by EstateGPT and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you create using our Service. By uploading content, you grant us a license to:

• Store, process, and display your content within the Service
• Share content with designated recipients (e.g., your clients)
• Create backups for data protection
• Improve our Service (in anonymized form)

6.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

7. Third-Party Integrations

7.1 Google Calendar

Our Google Calendar integration is subject to Google's terms of service. We are not responsible for Google's service availability or changes to their API.

7.2 Other Services

Your use of third-party services integrated with EstateGPT is governed by their respective terms of service.

8. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using EstateGPT, you consent to our collection and use of data as described in the Privacy Policy.

You are responsible for maintaining the confidentiality of your clients' information and complying with applicable privacy laws.

9. Professional Responsibility

You acknowledge that:

• EstateGPT is a tool to assist with inspection management, not a replacement for professional judgment
• You are solely responsible for the accuracy and completeness of inspection reports
• You must comply with all professional standards and regulations in your jurisdiction
• You maintain appropriate professional liability insurance
• EstateGPT does not provide professional advice or opinions

10. SMS Messaging Requirements

This section governs the use of SMS messaging features within EstateGPT. All Inspection Companies using our SMS capabilities must strictly comply with these requirements.

10.1 Mandatory Consent Requirements

All EstateGPT customers ("Inspection Companies") who utilize SMS features MUST:

• Obtain explicit written consent from end users BEFORE sending any SMS messages
• Use our platform's built-in consent management system
• Ensure consent checkboxes are unchecked by default
• Maintain records of all consent obtained
• Never send messages to users who have not explicitly opted in

10.2 Required Consent Language

You must use the following consent language or substantially similar language approved by EstateGPT:

10.3 Message Types and Frequency

SMS messages may only be sent for:

• Inspection appointment confirmations and reminders
• Inspection report availability notifications
• Critical updates regarding scheduled inspections
• Service-related communications explicitly consented to

Marketing messages require separate explicit consent and must comply with all applicable laws.

10.4 Opt-Out Management

You MUST:

• Honor all opt-out requests within 24 hours
• Support standard opt-out keywords (STOP, UNSUBSCRIBE, CANCEL, END, QUIT)
• Provide confirmation of opt-out to users
• Maintain an internal opt-out list
• Never re-subscribe users without new explicit consent

10.5 Compliance Requirements

You must comply with:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act requirements
• CTIA Messaging Principles and Best Practices
• All applicable federal, state, and local laws
• Mobile carrier guidelines and requirements

10.6 Prohibited Practices

The following practices are strictly prohibited:

• Sending messages without explicit consent
• Pre-checking consent boxes
• Purchasing or using third-party phone number lists
• Sending messages outside of business hours (8 AM - 9 PM recipient's time)
• Sending SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco)
• Using deceptive or misleading content
• Sharing or selling phone numbers to third parties

10.7 Record Keeping

You must maintain for at least 4 years:

• Records of all consent obtained (timestamp, method, language used)
• Opt-out requests and processing dates
• Message logs and delivery records
• Any complaints received and their resolution

10.8 Enforcement and Penalties

Failure to comply with these SMS requirements will result in:

• Immediate suspension of SMS capabilities
• Potential termination of your EstateGPT account
• Reporting to relevant authorities if required
• You bearing all costs, fines, and liabilities from non-compliance

10.9 Indemnification for SMS Usage

You agree to indemnify and hold harmless EstateGPT from any claims, damages, fines, or penalties arising from your SMS messaging practices, including but not limited to TCPA violations, carrier fines, or customer complaints.

For detailed implementation guidelines, refer to our SMS Compliance Guide at https://estategpt.io/sms-compliance

11. Disclaimers and Limitations of Liability

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTATEGPT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11.3 Maximum Liability

Our total liability shall not exceed the amount paid by you to EstateGPT in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless EstateGPT, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

13.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or engage in behavior harmful to other users or the Service.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or legitimate business purposes.

14. Dispute Resolution

14.1 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.2 Governing Law

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

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and EstateGPT regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

16.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver.

16.4 Assignment

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

17. Contact Information

For questions about these Terms of Service, please contact us at: