Terms of Service

Last updated: February 10, 2026

Welcome to AgentsCard!

These Terms of Service ("Terms" or "Agreement") are a binding legal agreement between you and AgentsCard Inc. ("AgentsCard," "we," "our," or "us").

PLEASE READ THIS AGREEMENT CAREFULLY.

By accessing or using our website, applications, APIs, or related services (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you are entering into this Agreement on behalf of a company, real estate team, brokerage, or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" or "your" will refer to that entity.

If you do not agree to all of these Terms, you may not use our Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 14). THIS REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, NOT THROUGH COURT PROCEEDINGS OR CLASS ACTIONS.

1. Our Services and Role

1.1 The Platform

AgentsCard provides a comprehensive technology platform designed to help real estate professionals manage their business presence and connect with clients. Our Services include:

• Microsites & Profiles: Tools to create digital business cards, link-in-bio sites, and professional profiles.
• CRM & Lead Management: Tools for managing contacts, leads, and communications.
• Client Portals: Interfaces for homebuyers and sellers to view listings and communicate with agents.

1.2 Important Disclaimer: We Are Not a Brokerage

AgentsCard is a technology provider, not a real estate brokerage.

• No Real Estate Advice: We do not provide real estate advice, represent buyers or sellers, or participate in the negotiation or closing of transactions.
• No Fiduciary Duty: We are not a licensed real estate broker or agent. No agency, partnership, or joint venture is created between you and AgentsCard.
• Independent Professionals: We do not control our Professional Partners (agents, teams, brokers). Each Partner is responsible for their own licensing, professional conduct, and compliance with real estate laws.

2. Accounts and User Roles

To access certain features, you must create an account. Your obligations depend on your user role.

2.1 For Clients and Prospects (End Users)

If you use the Services to search for properties or communicate with an agent:

• You agree to provide accurate contact information.
• You acknowledge that your interactions are with the specific Professional Partner, not AgentsCard directly.

2.2 For Professional Partners (Agents, Teams, and Brokers)

If you hold a subscription to use our professional tools:

• Business Representative: You must designate a primary contact ("Business Representative") who has the authority to manage the account, billing, and legal notices.
• Authorized Staff: You may invite staff (e.g., assistants, team members) to access your account. You are solely and fully responsible for all actions and omissions of your Authorized Staff. Any breach of these Terms by your staff is considered a breach by you.
• Licensing: You represent and warrant that you hold all necessary professional licenses required by your state or jurisdiction to conduct real estate business.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorized use of your account.

3. Subscription Fees, Billing, and Payment

3.1 Subscription Plans

Access to professional features is provided on a subscription basis ("Subscription"). By selecting a Subscription plan, you agree to pay the fees indicated at the time of purchase.

3.2 Automatic Renewal

Your Subscription will automatically renew on a recurring basis (e.g., monthly or annually) depending on your plan. You authorize us to charge your payment method on file at the beginning of each billing cycle. You may cancel your Subscription at any time through your account settings; however, your cancellation will take effect at the end of the current billing period.

3.3 No Refunds

All fees are non-refundable, except as strictly required by applicable law. There are no refunds for partial months of service or for periods where the Services were unused.

3.4 Price Changes

We reserve the right to change our subscription fees. We will provide you with reasonable notice (e.g., via email) before any price change takes effect. Continued use of the Service after the price change constitutes your agreement to pay the new amount.

3.5 Delinquent Accounts

If a payment fails, we may suspend your access to the Services until payment is received. You are responsible for any fees incidental to the collection of unpaid amounts.

4. Acceptable Use and Restrictions

4.1 Prohibited Activities

You agree strictly NOT to:

• Illegal Purpose: Use the Services for any illegal, fraudulent, or harmful purpose.
• Reverse Engineering: Reverse engineer, decompile, or attempt to derive the source code of the Services.
• Scraping: Use automated systems (robots, spiders, scrapers) to access or collect data from the Services without our written consent.
• Interference: Interfere with the security, integrity, or performance of the Services.
• Resale: Sublicense, resell, or lease the Services to a third party without our express written consent.
• Malicious Code: Upload viruses, malware, or harmful code.

4.2 Usage Limits

We reserve the right to impose limits on your use of the Services, including but not limited to storage limits, API call limits, or the number of active contacts, to ensure the stability of our platform.

5. Content and Intellectual Property

5.1 Your Content ("User Content")

You retain ownership of the data, text, images, and listings you upload to the Services.

• License to AgentsCard: By uploading content, you grant us a worldwide, royalty-free, perpetual license to host, store, display, reproduce, and modify your content specifically for the purpose of operating, improving, and promoting the Services.
• Responsibility: You are solely responsible for ensuring you have the rights to upload any content (including listing photos and descriptions) and that such content does not violate third-party rights or MLS rules.

5.2 Intellectual Property Rights

The Services, including our software, code, visual design, and trademarks, are the exclusive property of AgentsCard Inc. You are granted a limited, non-exclusive, non-transferable license to use the Services solely as permitted by this Agreement.

5.3 Marketing and Publicity

For Professional Partners: You grant AgentsCard the right to use your name, logo, and brokerage affiliation in our marketing materials and on our website to identify you as a customer.

6. Marketing, Communications, and Compliance

6.1 Marketing Tools (SMS & Email)

If you use our platform to send marketing communications (email, SMS, etc.):

• Your Responsibility: You are solely responsible for complying with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
• Consent: You must obtain express written consent (opt-in) from recipients before sending automated texts or marketing emails. You must honor all opt-out requests immediately.
• Indemnification: You agree to fully indemnify AgentsCard against any claims, fines, or penalties arising from your marketing activities or violation of communication laws.

6.2 Fair Housing and ADA

• Fair Housing: You represent that your use of the Services and any content you post complies with the Federal Fair Housing Act and state equivalents.
• ADA Compliance: While we provide accessible tools, you are responsible for ensuring your specific implementation, color choices, and content on your microsites comply with the Americans with Disabilities Act (ADA).

7. Third-Party Services

Our Services may integrate with third-party tools (e.g., CRMs, MLS data feeds, calendar syncs).

• No Control: We do not control these third parties and are not responsible for their content, accuracy, or availability.
• Terms: Your use of third-party integrations is subject to their respective terms and privacy policies.

8. Confidentiality

If you receive non-public information regarding AgentsCard’s technology, beta features, or business plans ("Confidential Information"), you agree not to disclose such information to third parties and to use it only for the purpose of using the Services.

9. Termination

• By You: You may stop using the Services at any time. Professional Partners may cancel their subscription via their account dashboard.
• By Us: We may suspend or terminate your access immediately, without notice, if you breach these Terms (including non-payment) or if required by law.
• Effect of Termination: Upon termination, your right to use the Services ends. Sections regarding IP ownership, indemnification, liability, and dispute resolution survive termination.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTSCARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
• ANY LISTING DATA OR THIRD-PARTY INFORMATION IS ACCURATE.
• USING THE SERVICES WILL RESULT IN LEADS, SALES, OR BUSINESS SUCCESS.

11. Indemnification

You agree to indemnify, defend, and hold harmless AgentsCard, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney’s fees) arising from:

1. Your use of the Services.
2. Your violation of these Terms or applicable laws (including Real Estate, Fair Housing, or TCPA laws).
3. Your User Content or professional advice provided to clients.
4. Any dispute between you and your clients or other third parties.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AGENTSCARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

IN NO EVENT SHALL AGENTSCARD'S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU TO AGENTSCARD IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13. Copyright (DMCA) Policy

We respect intellectual property rights. If you believe your copyright has been infringed, please send a DMCA-compliant notice to copyright@agentscard.com.

14. Dispute Resolution and Governing Law

14.1 Governing Law

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

14.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in San Francisco, California. The arbitration will be conducted on an individual basis.

14.3 Class Action Waiver

YOU AND AGENTSCARD AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Venue

For any disputes not subject to arbitration (such as claims for injunctive relief), you agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco County, California.

15. General Provisions

15.1 Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on this page. By continuing to use the Services after the changes become effective, you agree to the revised Terms.

15.2 Entire Agreement

These Terms, along with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and AgentsCard regarding the Services.

15.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction.

15.4 Severability & Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. A failure to enforce any right or provision will not be considered a waiver of that right.

15.5 No Joint Venture or Third-Party Beneficiaries

These Terms do not create any agency, partnership, or joint venture between you and AgentsCard. There are no third-party beneficiaries intended under these Terms.

15.6 Export Laws

You agree to comply with all applicable U.S. export laws and regulations. You may not use, export, or re-export the Services in violation of such laws, including to any U.S. embargoed countries or to anyone on a U.S. Government list of prohibited or restricted parties.

15.7 Notices

Any legal notices or other communications provided by AgentsCard under these Terms will be given by posting to the Services or via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Legal notices to us must be sent to legal@agentscard.com.

16. Notices for California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17. Contact Us

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

Email: legal@agentscard.com