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These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AssignQ.ai, a US company ("AssignQ," "we," "us," or "our"), governing your access to and use of the AssignQ platform, website, AI agents, and all related services (collectively, the "Services"). By registering for an account, clicking "I Agree," or otherwise accessing the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility and Account Registration

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Services. By using the Services on behalf of a real estate agency, brokerage, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You agree to provide accurate, complete, and current registration information and to keep this information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@assignq.ai of any unauthorized use of your account.

2. Services Description

AssignQ provides an AI-powered platform that enables real estate professionals to deploy customizable AI agents for lead qualification, lead nurturing, appointment scheduling, client follow-up, SMS and voice outreach, CRM integration, and related real estate sales automation activities.

The Services include access to AI models provided by third-party partners (including OpenAI, Google, Anthropic, Meta, and xAI). AI-generated responses are probabilistic in nature and may not always be accurate, appropriate, or complete. You are solely responsible for reviewing, supervising, and taking accountability for all AI agent interactions conducted on your behalf.

3. Acceptable Use Policy

3.1 Permitted Uses

You may use the Services solely for lawful business purposes related to your real estate activities, in compliance with all applicable federal, state, and local laws and regulations.

3.2 Prohibited Conduct

You agree not to:

• Use the Services to engage in any activity that is unlawful, deceptive, misleading, or fraudulent.
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable telecommunications or marketing law.
• Contact individuals who have opted out of communications, are on the National Do Not Call Registry, or who have not given required consent under applicable law.
• Use AI agents to misrepresent their nature as AI to End Users in violation of applicable disclosure requirements.
• Upload, transmit, or process data that infringes any third-party intellectual property rights.
• Attempt to reverse-engineer, decompile, or extract the source code of the Services.
• Use automated scraping tools, bots, or scripts to access the Services in ways not authorized by us.
• Introduce viruses, malware, or other harmful code into the Services.
• Circumvent any authentication or security measures within the platform.
• Resell, sublicense, or otherwise transfer access to the Services to third parties without our written consent.

4. Communication Compliance and TCPA

You acknowledge that your use of AssignQ's AI calling and SMS features is subject to the TCPA, the CAN-SPAM Act, state telemarketing laws, and applicable real estate regulations. You are solely responsible for:

• Obtaining all legally required consents from contacts before initiating AI-powered calls, SMS messages, or other communications through the platform.
• Maintaining accurate and up-to-date Do Not Call and opt-out lists and honoring all opt-out requests promptly.
• Ensuring your use of the Services complies with all applicable real estate licensing laws and advertising regulations in your state.
• Providing any legally required disclosures to your leads and clients, including disclosure that they may be communicating with an AI agent where required by law.

AssignQ is not liable for any violation of the TCPA, CAN-SPAM Act, or other laws arising from your use of the Services. You agree to indemnify and hold AssignQ harmless from any claims, penalties, or damages arising from your failure to comply with applicable communication laws.

5. Subscription, Fees, and Payment

Access to the Services is provided on a subscription basis or through credit-based pricing as described on our pricing page at www.assignq.ai/pricing. All fees are quoted in US Dollars.

• You authorize AssignQ to charge your designated payment method on a recurring basis for your selected subscription plan.
• All payments are non-refundable except as expressly stated in our refund policy or as required by applicable law.
• We reserve the right to modify pricing with at least 30 days' prior written notice. Continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.
• Failure to pay may result in suspension or termination of your account. You remain liable for all amounts due.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and no pro-rated refunds are issued for partial periods, except where required by law.

6. Intellectual Property

6.1 AssignQ's IP

The Services, including all software, AI models, algorithms, interfaces, content, branding, and documentation, are owned by or licensed to AssignQ and are protected by US and international intellectual property laws. These Terms do not grant you any rights to our trademarks, service marks, logos, or other proprietary materials.

6.2 Your Content

You retain ownership of all content you upload or create within the Services, including scripts, templates, and lead data ("User Content"). By providing User Content, you grant AssignQ a non-exclusive, worldwide, royalty-free license to use, reproduce, and process your User Content solely to the extent necessary to provide the Services to you.

6.3 Feedback

If you submit feedback, suggestions, or ideas about the Services, AssignQ may use such feedback without restriction or compensation to you.

7. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, incorporated herein by reference. By accepting these Terms, you also accept our Privacy Policy. You are responsible for ensuring that your use of the Services and any personal data you process through the platform complies with all applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA).

8. Third-Party Integrations

The Services allow integration with third-party platforms (e.g., Salesforce, HubSpot, GoHighLevel, Calendly, Stripe, PandaDoc). Your use of these integrations is subject to the separate terms and privacy policies of those third parties. AssignQ is not responsible for the availability, accuracy, or practices of any third-party service. We reserve the right to modify or discontinue integrations at any time.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSIGNQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Services will be uninterrupted, error-free, or secure; (b) any AI-generated content will be accurate, complete, or suitable for your purposes; or (c) any defects will be corrected.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSIGNQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ASSIGNQ'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO ASSIGNQ IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless AssignQ and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any third-party rights; or (e) your violation of any applicable law, including the TCPA.

11. Term and Termination

These Terms are effective from the date you first access the Services and continue until terminated. Either party may terminate these Terms: (a) for convenience, upon notice as provided in Section 5 above; or (b) immediately upon written notice if the other party materially breaches these Terms.

AssignQ reserves the right to suspend or terminate your account immediately without notice if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to other users or the integrity of the Services.

Upon termination, your right to access the Services ceases immediately. Sections 6, 7, 9, 10, 12, and 13 shall survive termination.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which AssignQ is incorporated, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the United States, and the language of the proceedings shall be English. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

YOU AND ASSIGNQ 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.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and AssignQ regarding the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• Waiver: AssignQ's failure to enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms or any rights under them without AssignQ's prior written consent. AssignQ may assign these Terms without restriction.
• Notices: Legal notices to AssignQ must be sent to legal@assignq.ai. We may provide notices to you via email, in-app notification, or by posting to our website.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control.

14. Contact Information

For questions about these Terms and Conditions, please contact us:

AssignQ.ai

Website: www.assignq.ai