Terms of Service
Last updated: November 29, 2024
1. Agreement to Terms
Welcome to TalkingHome.ai ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TalkingHome.ai regarding your use of our website, services, and AI-powered real estate listing platform (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
TalkingHome.ai provides an AI-powered platform that enables real estate professionals to create interactive, conversational experiences for their property listings. Our Service includes:
- AI-powered virtual assistants for property listings
- Property listing management and optimization tools
- Lead capture and qualification features
- Integration with MLS systems and third-party platforms
- Analytics and reporting capabilities
- Customer support and related services
3. User Accounts and Registration
3.1 Account Creation
To access certain features of our Service, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction to use our Service. By creating an account, you represent and warrant that you meet these requirements.
4. Acceptable Use
You agree not to use our Service to:
- Violate any applicable laws, regulations, or third-party rights
- Upload false, misleading, or fraudulent property information
- Harass, abuse, or harm other users or individuals
- Transmit viruses, malware, or any other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Service or servers
- Copy, modify, or create derivative works of our Service
- Use automated systems (bots, scrapers) without permission
- Impersonate any person or entity
- Collect or harvest information about other users
5. Content and Intellectual Property
5.1 Your Content
You retain ownership of any content you upload, publish, or transmit through our Service ("Your Content"). By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving our Service.
5.2 Our Intellectual Property
The Service, including its original content, features, functionality, AI technology, and design, is owned by TalkingHome.ai and protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or other proprietary information without our prior written consent.
5.3 User Representations
You represent and warrant that:
- You own or have the right to use all content you provide
- Your Content does not violate any third-party rights
- Your Content complies with all applicable laws and regulations
6. Subscription and Payment Terms
6.1 Subscription Plans
We offer various subscription plans with different features and pricing. Details of current plans are available on our Pricing page. We reserve the right to modify our pricing at any time with 30 days' notice.
6.2 Free Trial
We may offer free trial periods at our discretion. Free trials are subject to these Terms and may be modified or discontinued at any time.
6.3 Payment
Subscription fees are billed in advance on a recurring basis. You authorize us to charge your payment method for all fees. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.
6.4 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of your billing period.
7. Third-Party Services and Integrations
Our Service may integrate with third-party services, including MLS systems, CRM platforms, and other tools. Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or functionality of third-party services.
8. Disclaimers and Limitation of Liability
8.1 Service Availability
We strive to provide reliable service but cannot guarantee that the Service will be available at all times or free from errors, interruptions, or security issues. We reserve the right to modify, suspend, or discontinue the Service at any time.
8.2 AI Technology Disclaimer
Our AI-powered features use machine learning and may not always provide accurate or complete information. You are responsible for verifying any information generated by our AI tools and should not rely solely on AI-generated content for critical decisions.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKINGHOME.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.
8.4 No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Indemnification
You agree to indemnify, defend, and hold harmless TalkingHome.ai and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you upload or transmit through the Service
10. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use the Service will cease immediately. We may also terminate free accounts that have been inactive for an extended period.
You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.
11. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TalkingHome.ai operates, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations are unsuccessful, disputes shall be resolved through binding arbitration or in the appropriate courts of the applicable jurisdiction.
13. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TalkingHome.ai regarding the Service and supersede all prior agreements and understandings.
16. Contact Information
If you have any questions about these Terms, please contact us:
Email: info@gamavation.com
Website: talkinghome.ai