1. Introduction
Welcome to The Automated REI (the “Service”, “we”, “us”, or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website, platform, products, and services (collectively, the “Services”). By using the Services you agree to these Terms and any policies referenced herein. If you do not agree, do not use the Services.
2. Definitions
- User, you, your — any person or entity using the Services.
- Client — a paying user of Services.
- Data Sources — third-party websites and public records (e.g., Zillow, Craigslist, public registries).
- Skip Tracing — locating contact information for property owners or other parties.
- A2P 10DLC — application-to-person 10-digit long code messaging compliance framework.
3. Services Provided
We may provide some or all of the following:
- Market research and real-estate related analytics.
- Collection, aggregation, and delivery of publicly available real-estate data (leads, owner records, property info).
- Automated lead generation and list management.
- Bulk and transactional SMS services, including A2P 10DLC-compliant messaging.
- Off-market skip-tracing and contact discovery.
- Related integrations, APIs, reporting, and consulting.
4. Your Representations & Warranties
By using the Services you represent and warrant that:
- You have full authority to use any data you upload or request.
- You will use data and Services only for lawful purposes and in compliance with all applicable laws and third-party terms (including website terms of use).
- For any SMS use, you have obtained all necessary consents from recipients (including clear, express consent where required by law).
- For skip tracing and other sensitive actions, you will comply with applicable laws (e.g., FCRA in the U.S., data protection and privacy laws elsewhere) and will only use results for lawful, permitted purposes.
5. Data Collection, Scraping & Third-Party Sites
We may collect and aggregate data from publicly accessible sources. Where you request scraping, you acknowledge that:
- You are responsible for ensuring scraping/collection from any third-party website is allowed by that site’s terms of use and applicable law.
- We do not guarantee the availability or accuracy of third-party data.
- We reserve the right to refuse or suspend scraping of any site if it would create legal, technical, or reputational risk.
- You agree not to use our Services to attempt to bypass technical restrictions (e.g., CAPTCHAs, IP bans) or to access content that is not publicly available.
6. SMS / Messaging Rules & Compliance
- You must comply with all laws and regulations governing electronic messaging (including TCPA in the U.S., CAN-SPAM where applicable, GDPR where applicable, and A2P 10DLC rules).
- You must only send messages to recipients for whom you have obtained necessary consents. Provide an easy opt-out mechanism (e.g., “Reply STOP to unsubscribe”), and honor opt-outs promptly.
- You are responsible for message content. Prohibited message content includes illegal activity, harassment, hate speech, sexual content, malware, or spam in violation of law or carrier policies.
- We may suspend or terminate messaging for any account that violates carrier, platform, or legal requirements. Additional fees, fines, or penalties imposed by carriers or regulators for noncompliant messages are your responsibility.
7. Acceptable Use & Prohibited Uses
You may not use the Services to:
- You may not use the Services to violate any law, regulation, or third-party rights.
- Do not stalk, harass, intimidate, defraud, or “doxx” individuals.
- Do not send unsolicited spam or otherwise abuse messaging systems.
- Do not use data for unlawful debt collection or discriminatory targeting.
- Do not attempt to reverse-engineer or disrupt our Services.
We reserve the right to suspend or terminate accounts for prohibited uses.
8. Fees, Billing & Refunds
- Pricing for Services is defined in our pricing schedule or separate agreement. Fees are non-refundable except as expressly provided.
- You agree to pay all applicable fees and taxes. Late payments may incur interest and collection costs.
- We may change pricing or fees with notice; continued use after notice constitutes acceptance.
9. Intellectual Property
- We and our licensors retain all rights, title, and interest in the Services, software, content, and platform. Nothing in these Terms grants you ownership of our intellectual property.
- You retain ownership of data you upload or provide, subject to these Terms and any license you grant us to process, store, or transmit such data.
10. Data Accuracy & Disclaimers
- Data and results provided by the Services are for informational purposes only and may be incomplete or inaccurate. We do not guarantee accuracy, completeness, or timeliness.
- You are responsible for verifying critical information before acting on it (e.g., investment or legal decisions).
11. Privacy
- Our Privacy Policy describes how we collect and use personal data. By using the Services you agree to our Privacy Policy. Do not submit data through the Services that you are not authorized to share.
12. Confidentiality
Each party will keep confidential the other party’s non-public information. We may disclose aggregated, anonymized metrics about service usage.
13. Indemnity
You agree to indemnify, defend, and hold harmless The Automated REI and its officers, directors, employees and agents from any claim or demand, including reasonable attorneys’ fees, arising out of: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party.
14. Limitation of Liability
- To the fullest extent permitted by law, our liability to you for any claim arising from or related to the Services is limited to the amounts you paid to us in the prior 12 months.
- We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, even if advised of the possibility of such damages.
15. Termination
- We may suspend or terminate your access for violations of these Terms or for business reasons. You may cancel your account according to our cancellation policy. Upon termination, your access to Services will end and any unpaid fees remain due.
16. Modifications to Terms
We may modify these Terms at any time. We will provide notice of material changes. Continued use after notice means you accept the modified Terms.
17. Governing Law & Disputes
These Terms are governed by the laws of USA without regard to conflict of law rules. Any disputes will be resolved in the state or federal courts located in CA, unless the parties agree to arbitration.
18. Export Controls
You will comply with all applicable export laws and regulations. You will not use the Services in a manner that violates export prohibitions.
19. Notices
Notices to you may be sent by email to the address on file. Notices to us should be sent to: [Insert company contact info].
20. Entire Agreement
These Terms, together with the Privacy Policy and any order forms or addenda, constitute the entire agreement between you and The Automated REI regarding the Services.
21. Severability
If any provision is found unenforceable, the remainder of the Terms remain in effect.
22. Contact
Questions about these Terms? Contact us at service@theautomatedrei.com.
