1. Acceptance of Terms

By accessing and using Open House Pal ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

Open House Pal provides a subscription-based platform for real estate professionals to create QR code-enabled sign-in forms for open houses and generate automated property showcases for potential buyers. The Service includes both Basic and Premium subscription tiers with varying features.

3. Account Registration

To use the Service, you must:

Provide accurate, current, and complete information during registration
Maintain and update your information to keep it accurate and current
Maintain the security of your password and account
Notify us immediately of any unauthorized use of your account
Be a licensed real estate professional or authorized agent

You are responsible for all activities that occur under your account. You may not share your account credentials with others.

4. Subscription and Payment

Open House Pal offers subscription plans with a 14-day free trial period. By selecting a subscription plan:

You agree to pay the subscription fee associated with your chosen plan
Subscriptions automatically renew on a monthly basis unless cancelled
Payment is processed through PayPal and subject to their terms and conditions
You will not be charged during the 14-day free trial period
After the trial, your subscription fee will be automatically charged monthly
All fees are non-refundable except as required by law

5. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

Your access will continue until the end of your current billing period
You will not be charged for subsequent billing periods
No refunds will be provided for partial months of service
Your data may be deleted after account termination

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates applicable federal, state, or local laws
Impersonate or attempt to impersonate another person or entity
Engage in any conduct that restricts or inhibits anyone's use of the Service
Use any automated system to access the Service in a manner that sends more requests than a human could reasonably produce
Attempt to gain unauthorized access to any portion of the Service
Use the Service to collect personal information about visitors without their consent

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Open House Pal and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our Service without explicit written permission.

8. User Content

You retain ownership of any content you submit through the Service, including property information, photos, and visitor data. By using the Service, you grant us a limited license to use, store, and display your content solely for the purpose of providing the Service to you.

You are responsible for ensuring you have the necessary rights and permissions for any content you upload, including property listings and images.

9. Data Collection and Privacy

When you collect visitor information through open house sign-in forms, you agree to:

Comply with all applicable privacy laws and regulations
Obtain necessary consents from visitors for data collection
Use collected data only for legitimate real estate purposes
Protect visitor information from unauthorized access or disclosure

Please review our Privacy Policy for information about how we collect and use your data.

10. Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy or completeness of any content or data provided through the Service.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN HOUSE PAL 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.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Open House Pal, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the Service
Your violation of these Terms of Service
Your violation of any rights of another person or entity
Your collection, storage, or use of visitor data through the Service
Any content you submit, post, or transmit through the Service
Your violation of any applicable laws, regulations, or third-party rights

This indemnification obligation will survive the termination of your account and your use of the Service.

13. DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, please notify us with the following information:

A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and its location on the Service
Your contact information (address, telephone number, email address)
A statement that you have a good faith belief that the disputed use is not authorized
A statement under penalty of perjury that the information is accurate

Send DMCA notices to the support email located at the bottom of this page

We may terminate the accounts of repeat infringers in appropriate circumstances.

14. Data Security and Breach Limitation

While we implement reasonable security measures to protect your data and visitor information, no system is completely secure. You acknowledge and agree that:

You use the Service at your own risk regarding data security
We are not liable for unauthorized access to or alteration, theft, or destruction of data
You are responsible for maintaining backup copies of your critical data
In the event of a data breach, our liability is limited as set forth in Section 11

We will make reasonable efforts to notify you of any security breach affecting your data as required by applicable law.

15. Force Majeure

Open House Pal shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather
War, terrorism, riots, or civil unrest
Government actions, laws, or regulations
Internet service provider failures or delays
Cyber attacks, hacking, or denial of service attacks
Third-party service provider outages (including but not limited to cloud hosting, payment processors, or API providers)
Pandemics or public health emergencies

During such events, our obligations under these Terms will be suspended for the duration of the force majeure event.

16. Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

18. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

18.1 Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at our support email. We will attempt to resolve the dispute informally within 60 days.

18.2 Binding Arbitration. If we cannot resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

18.3 Class Action Waiver. YOU AND OPEN HOUSE PAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Open House Pal agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18.4 Exceptions. Notwithstanding the foregoing, either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

18.5 Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to the support email with a subject line "Arbitration Opt-Out" and including your name, address, and account email.

19. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

20. Attorney's Fees

In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.

21. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Open House Pal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Open House Pal concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

23. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you. Any attempted assignment in violation of this section shall be void.

24. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: stephenstef456@gmail.com

For DMCA copyright notices, use the same email with subject line "DMCA Notice"