Terms of Service

Welcome to AgentSub AI. By accessing or using our services, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account or using AgentSub AI ("Service"), you agree to these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.

2. Description of Service

AgentSub AI is a customer relationship management (CRM) platform designed for real estate professionals. The Service includes lead management, email campaigns, AI-powered voice calling, analytics, and related features as described on our website.

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your contact information remains current

4. Subscription and Billing

Free Trial: New users receive a 14-day free trial with full access to features. No credit card is required to start.

Paid Subscriptions: After the trial, continued access requires a paid subscription. Subscriptions are billed monthly or annually based on your selected plan. Payment is due at the beginning of each billing cycle.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

5. Acceptable Use

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

• Send spam, unsolicited communications, or violate CAN-SPAM or similar laws
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service to harass, abuse, or harm others
• Violate any applicable laws or regulations, including real estate licensing laws
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service in a manner that exceeds reasonable use

6. AI Voice Calling

If you use our AI Voice Calling feature, you agree to:

• Comply with all applicable telemarketing laws, including the Telephone Consumer Protection Act (TCPA)
• Obtain necessary consent before placing automated calls
• Honor do-not-call requests and maintain appropriate records
• Use AI calling only for legitimate business purposes

You are solely responsible for ensuring compliance with telecommunications regulations in your jurisdiction.

Robocalling Regulations

AI-powered voice calling is considered "robocalling" under federal law and is subject to the same rules and restrictions. Robocalling in the United States is strictly regulated by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) under the Telephone Consumer Protection Act (TCPA). These regulations generally prohibit autodialed or prerecorded voice messages to cell phones and landlines without prior express written consent.

Key Rules and Restrictions:

• Prior Written Consent: Telemarketing calls and text messages require clear, written permission from the recipient, even if an "established business relationship" exists.
• Non-Telemarketing/Informational Calls: These require prior consent for cell phones but may not require written consent (e.g., appointment reminders, bank alerts).
• Opt-Out Mechanism: Any automated call must include an interactive, automated, or voice-activated opt-out mechanism to allow consumers to stop future calls.
• Telemarketing Sales Rule (TSR): Prohibits prerecorded telemarketing calls, even to consumers who have not registered on the National Do Not Call Registry.
• Time Restrictions: Telemarketing calls are prohibited before 8:00 a.m. or after 9:00 p.m. local time of the recipient.
• Caller ID: Callers must transmit accurate caller ID information and cannot intentionally mislead recipients about the identity of the caller.

It is your sole responsibility to understand, comply with, and follow all applicable robocalling regulations, including but not limited to the TCPA, TSR, FCC rules, and any state-specific telemarketing laws. AgentSub AI, AISysware LLC, and their affiliates, officers, directors, employees, and agents are not responsible for your compliance or non-compliance with these laws and shall not be held liable for any violations, fines, penalties, or damages arising from your use of AI voice calling features.

7. Call Recording Consent Requirements

AgentSub AI's voice calling features may include call recording for quality assurance, training, and compliance purposes. It is your sole responsibility to understand and comply with applicable call recording consent laws based on the jurisdiction where your leads are located. AgentSub AI, AISysware LLC, and their affiliates, officers, directors, employees, and agents are not responsible for your compliance or non-compliance with these laws and shall not be held liable for any violations, penalties, or damages arising from your use of call recording features.

One-Party Consent: Only one party to the conversation (typically the caller) needs to consent to the recording. If you are the caller and consent to the recording, that is sufficient.

All-Party (Two-Party) Consent: All parties to the conversation must consent to the recording. You must inform the other party that the call is being recorded and obtain their consent before proceeding.

Important: When calling leads in all-party consent states, you or your AI assistant must clearly announce that the call may be recorded and obtain verbal consent. Failure to do so may result in legal liability.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of all data you upload to the Service. You grant us a limited license to use this data solely to provide and improve the Service.

You are responsible for ensuring that your collection and use of customer data through the Service complies with applicable privacy laws.

9. Intellectual Property

The Service, including its design, features, and content (excluding your data), is owned by AgentSub AI and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or security reasons. We will provide reasonable notice when possible.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTSUB AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from these terms or your use of the Service shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Indemnification

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

14. Termination

We may suspend or terminate your account if you violate these terms or engage in conduct that we determine is harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately. You may export your data for 30 days following termination.

15. Changes to Terms

We may update these terms from time to time. We will notify you of material changes via email or through the Service. Your continued use after changes take effect constitutes acceptance of the updated terms.

16. Governing Law

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

17. Contact Information

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

Email: legal@agentsub.ai
Support: support@agentsub.ai