OfferAI, Inc. (OfferAI, we, us, or our) knows that the users of our platform want honesty and fair dealing from anyone they engage with on a real estate matter. We therefore require that each user be honest and fair in your communication, representations, and conduct in using our Services as a Service (“Services”).
That said, we know that the golden rule does not suffice to sell or buy real property. OfferAI does not currently facilitate the actual agent to agent communication and any subsequent presentation of any Purchase & Sale Agreement. Similarly, to provide a better user experience to all users of our Services, we specify these additional “Terms of Service” for all users.
OfferAI Terms of Service
These OfferAI Terms of Service were last modified on November 14, 2019.
If we offer additional products or services to you, such Services may come with additional Terms of Service.
Who Can Use Our Services?
You must be a licensed real estate agent (“Agent”) within the United States to create an Agent Account. Buyers must be 18 years of age or older to create a Buyer Account. Managing Brokers may create Agent Accounts for the agents who work under them. Agents may not use this platform under any assumed name. To access some features of the Services, you may be required to register for an account. At this time, only real estate agents and/or real estate buyers may create accounts. Other users may use the Services to a more limited degree without creating an account.
When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others.
All other users of our Services or visitors to our website may use our Services with the assistance of a registered real estate agent.
By agreeing to these Terms of Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of our Services is in compliance with all applicable laws and regulations. Unless you have entered into a commercial agreement with OfferAI permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Use of the Services
Agents may use our platform only to sell residential real estate (“Properties”). Real estate owners may not directly use the Services to sell real estate for themselves unless they are also licensed real estate Agents.
Buyers may use our Services to find real estate to purchase. Buyers must be associated with at least one Agent at all times. Buyers may also be invited to create an account by at least one registered Agent. Or Buyers may create an account for themselves, and they will be matched with an Agent in their jurisdiction.
Any Buyer invited into our Services by a real estate agent must be notified independently by that real estate agent. Real estate agents must receive permission from a buyer before entering the Buyer’s contact information into our Services to receive automatic notifications when Properties are submitted into the System that meet the criteria in the Buyer’s Target Area.
Agents may only enter Sellers into our Services after they have a signed listing agreement that indicates the property will not be listed on the Multiple Listing Service.
Real estate agents may not share their usernames and passwords with non-licensed Sellers or Buyers.
OFFERAI DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. OFFERAI, INC. IS NOT A LENDER OR REAL ESTATE BROKER.
THE ESTIMATED AFTER REPAIR VALUE AND/OR THE DEFAULT OFFER REQUEST AMOUNT ARE INACCURATE, AND MUST BE INDEPENDENTLY VERIFIED BY A LICENSED REAL ESTATE AGENT.
ONLY EXPERIENCED REAL ESTATE BUYERS SHOULD USE OUR SERVICES. EVEN STILL, BUYERS MAY LOSE MONEY ON ANY REAL ESTATE PURCHASED ON OFFERAI. OFFERAI MAKES NO CLAIMS AS TO THE VALIDITY OF ANY REAL ESTATE OWNERSHIP NOR THE VALUE OR POTENTIAL VALUE OF ANY REAL ESTATE FEATURED IN OUR SERVICES.
Buyers may be invited by more than one real estate agent. Buyers may receive more than one notification via email and/or text message when a Property is submitted into our Services.
When a Buyer registers in our Services, after being invited by one or more real estate agents, that Buyer will decide which agent he/she wishes to align with to make an offer(s). That agent represents that Buyer. Any other Agent who may have invited that Buyer into the Services, will not be notified when that Buyer is interested in any Property and thereby will not receive any commissions on that buyer’s real estate purchase(s) on our Services.
OfferAI does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale or exchange of real property, including any negotiation thereof; or (c) purchase, lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. OfferAI assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
OfferAI does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its services; therefore, OfferAI disclaims all liability for identity theft or any other misuse of your identity or information by others.
OfferAI is not responsible for, and makes no representations or warranties for the delivery of any messages or other user generated content sent through OfferAI Services.
OfferAI does not guarantee that the Services it provides will function without interruption or errors. The operation of our Services may be interrupted due to maintenance, updates, or other system or infrastructure failures. Furthermore, OfferAI disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Services due to equipment issues, technical difficulties, power or internet outages, of other service providers, or you, as well as outages for any other reason. OfferAI disclaims all liability for damages caused by any such interruption or errors in functioning.
OfferAI is not responsible for any errors and omissions in sources that we rely upon to provide our services. Information used within our Services comes from other persons, entities, or publicly available government sources. You may notify us of any inaccuracies you discover using our Services, but where another entity is the source of that inaccuracy, notifying us may not be sufficient to correct the inaccuracy.
Only Properties that are not currently listed on the Multiple Listing Service can be submitted into our Services.
Only Properties with full consent by the owner of that Property may be submitted onto our Services.
Disclosure to Your Client
As the real estate agent representing your seller, it is your responsibility to inform your client that selling their property through our Services will provide them with less net to seller proceeds than if they sold on the Multiple Listing Service. Although the intention is to sell the Property quickly by posting it on the Services, it may result in either taking longer to sell than it might have otherwise taken by listing the Property on the MLS, or not selling the Property at all through our Services. It is your responsibility to inform your client there is no guarantee they will receive an offer from an investor(s) via our Services. OfferAI has no control whatsoever over whether they receive an offer or not, nor how long it would take to receive an offer and/or close on the sale of the Property.
Intellectual Property Ownership And Licensing
You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against OfferAI with respect to User Materials.
All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by OfferAI or are licensed by OfferAI for use within our Services.
If you submit photographic works, you agree to grant offerAI a nonexclusive, royalty-free, paid-up, irrevocable, worldwide license (with the full right to sublicense) to make, have made, modify, use, sell, offer for sale and import all photographs you upload into our Services for any purpose OfferAI chooses. If you submit copyrighted work into our Services, you grant OfferAI the right to use those copyrighted works in any way OfferAI chooses.
DMCA; Claims of Copyright Infringement. OfferAI respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify OfferAI’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent to DMCAnotices@offerAI.com.
OfferAI, the OfferAI logos and other OfferAI trademarks, service marks, graphics, and logos used in connection with OfferAI are trademarks or registered trademarks of OfferAI in the U.S. and/or other countries.
OfferAI obtains and derives proprietary data from users, beit house sellers, house buyers, real estate agents, real estate brokerages or institutional iBuyers as they onboard and/or use our platform, and other information from vendors/providers of real estate services, such as escrow companies, inspectors, appraisers, mortgage companies, title companies, etc.
Users of our Services may add their Buyer, Seller or Agent contact information or Property information on behalf of a Seller, including Investment Preferences on behalf of a Buyer, into our Services. OfferAI asserts to not utilize such contact information for purposes outside of the presented scope of communication as dictated on our website.
Patents may apply or be pending on our services. No license to copy or otherwise use any aspect of our services is granted.
Other Intellectual Property
OfferAI has trade secrets and other proprietary know-how that enable and contribute to the functionality of our services.
Reservation Of Rights
OfferAI reserves all of its intellectual property rights. Use of our Services does not grant you and right or license to logos and trademarks.
You may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components.
Software In Our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We support the a real estate marketplace in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Modification And Termination Of Services
We are regularly modifying and enhancing or Services. We may add, change, or remove functionalities or features; or limit, suspend, or stop our Services,either temporarily or permanently, either locally or entirely, at our sole discretion, with or without notice.
You may stop using our Services at any time.
OfferAI may terminate our agreement with you, or introduce or alter limits to your use of our Services at any time, with or without notice.
Third Party Services And Terms
We may provide the opportunity to use our Services via other platforms such as text messaging or other technology platforms, whether developed by us or by third parties. Additional terms and provisions of third parties map apply. For instance, messaging charges from your mobile provider may apply if you were to use services va SMS.
Review any applicable terms of service and privacy policies of third party services. OfferAI is not responsible for any products or services offered by third parties. Such third party services may have their own intellectual property rights, and be licensing their data, services, or technology to us.
Limitations To Liability
When permitted by law, neither OfferAI nor any supplier be liable for any lost profits, revenues, financial losses or damages, whether indirect, consequential, special, incidental, or punitive damages even if such party has been advised of the possibility of such damages. The exclusion of damages under this paragraph is independent of your exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable.
To the extent permitted by law, the total liability of OfferAI for any claims under these terms will be limited to the amount paid by you for our Services.
These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
In all cases OfferAI will have no liability for loss or damage that was not reasonably foreseeable.
Real estate agent participants nor buyers are permitted to use our Services to solicit sellers in foreclosure in states where it is illegal to do so. It is your responsibility to know if it is legal to contact homeowners in foreclosure in your state.
If you do not agree with any part of these Terms, or you have any dispute or claim against OfferAI with respect to these Terms or our Services, then your sole and exclusive remedy is to discontinue using the services.
Business Use Of Services
If you are using our Services on behalf of a business (or other legal entity such as a REIT or trust, or government entity, hereafter, “Organization”), that Organization must accept these Terms. By using our Services you represent that you both have and exercise your authority to bind the Organization to these Terms of Service.
If that is not the case, immediately stop using our Services until the Organization agrees to these terms, or you end your relationship with that Organization. We may require you to disclose what Organization, or Organizations, on whose behalf you use our Services.
Furthermore every Organization will hold harmless and indemnify OfferAI and its officers, employees, and agents from any claim, suit, or action arising from or related to the use of our Services or from violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
Any claim arising out of or relating to the use of OfferAI Services, or to any acts or omissions for which you contend OfferAI is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration.
The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be held in Seattle, Washington. The arbitrator will be selected pursuant to the AAA rules or from a list of arbitrators provided by OfferAI.
Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington.
The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and OfferAI, the parties mutually agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington.
If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
The parties mutually agree not to elect a trial by jury with respect to any Dispute or lawsuit between the parties that is triable of right by a jury and to waive any right to trial by jury with respect to any such Dispute or lawsuit to the extent that any such right to trial by jury exists now or in the future. This waiver of right to trial by jury is separately given by each party, knowingly and voluntarily, with the benefit of competent legal counsel.
Additional Legal Terms
This is the entire, complete agreement between you and OfferAI regarding our Services wIth respect to the subject matter of this agreement and supersedes all prior agreements and understandings whether oral or written. Additional terms and conditions may apply of this agreement is supplemented because you use or purchase other Services from OfferAI
Amendments To This Agreement
We may replace or modify these terms from time to time at our discretion. We will post any changes on this page. If we make material changes to these terms, we may notify you by other means, such as a notice on our website or an email to you. Changes will generally be posted prospectively, but changes mandated by legislative action or judicial ruling will take effect immediately. If you do not agree with proposed changes, then you must immediately terminate use of our Services.
We may supplement the terms of our agreement with you, if you decide to use or purchase additional Services that we may choose to offer you.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect our intention of the provision.
Assignment And Delegation
We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, OfferAI for any third party that assumes our rights and obligations under this Agreement. You may not assign or delegate any of your rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective.
Our failure to act with respect to any breach of this Agreement by you or others does not waive our right to act with respect to that breach or similar or other subsequent breaches.
No Injunctive Relief
In no event will you seek or be entitled to seek rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Services.
Alpha And Beta Testing
We may conduct alpha and beta testing or otherwise evaluate new services, features, or functionality (“Testing”). In either final or pre-release form. Your participation in such Testing will be subject to this Agreement.
Potential Rights And Responsibilities By Jurisdiction
Other rights and obligations may apply within a given state, or county, or city of the United States.
OfferAI is owned and operated within the United States. We name no representation as to its legality or suitability for those residing elsewhere. Our services may not be downloaded, rebranded, or otherwise packaged for export.
If you wish to reach us about this Agreement, you can write to legal@OfferAI.com. You can also send legal notices by mail or courier to:
6136 Frisco Square Blvd, Ste 200
Frisco, TX 75034