Terms of Service
If you have questions about these terms, please contact our support team at [email protected] .
These Terms of Service (“Terms”) govern your access to and use of the website www.agenttext.com and the services provided by Agent Text (“Agent Text,” “we,” “us,” or “our”). By creating an account, subscribing to a plan, texting one of our codes, or otherwise using the service, you agree to be bound by these Terms. If you do not agree, do not use the service.
The Service
Agent Text provides a text-message-based lead capture service for real estate agents, brokers, teams, and property managers. Subscribers (“Agents”) are assigned codes that can be displayed on sign riders or in marketing materials. When a prospective buyer or renter texts one of those codes to an Agent Text phone number, our system delivers property information to the prospect by SMS and forwards the prospect’s phone number to the Agent who owns that code. We may modify, suspend, or discontinue any portion of the service at any time.
Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the service. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you create an account on behalf of a brokerage, team, or other organization, you represent that you have authority to bind that organization to these Terms.
Subscriptions, Fees, and Billing
Most features of Agent Text require a paid subscription. By subscribing, you authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis at the rates and intervals shown at checkout. Subscriptions automatically renew at the end of each billing cycle until you cancel. You may cancel at any time from your account dashboard or by contacting support; cancellation takes effect at the end of the current billing period and you will not receive a refund for the unused portion of that period. Fees are non-refundable except where required by law or as expressly stated by Agent Text in writing. We may change pricing on prospective renewals with reasonable advance notice.
Free Trials
We may offer a free trial to new accounts. Trial accounts may have limited features and limited code allotments. Unless you cancel before the trial ends, your account will automatically convert to a paid subscription and your payment method will be charged. We reserve the right to determine eligibility for any free trial and to modify or discontinue trial offers at any time.
Acceptable Use
You agree not to use the service to: (a) violate any law or regulation, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, fair housing laws, or applicable real estate licensing requirements; (b) send unsolicited marketing messages or use codes to capture leads in a manner that misleads recipients about who they are contacting; (c) impersonate another person or organization, or misrepresent your affiliation with a brokerage; (d) interfere with or disrupt the service or the networks or systems connected to it; (e) attempt to gain unauthorized access to any portion of the service, other accounts, or related systems; (f) reverse engineer, scrape, or resell the service; or (g) use the service to transmit content that is unlawful, harassing, defamatory, or infringes the rights of others. We may suspend or terminate accounts that we reasonably believe are violating these rules.
SMS, Codes, and Lead Handling
You are responsible for the property information associated with the codes on your account and for ensuring that information is accurate, current, and lawful to share. You acknowledge that prospects who text your codes are sharing their mobile numbers with you for the purpose of following up about the specific property they inquired about, and you agree to handle those numbers in accordance with applicable law, including honoring opt-out requests. Agent Text relays messages on a commercially reasonable basis but does not guarantee delivery, timing, or that any particular message will reach you or a prospect. Carrier message and data rates may apply.
Your Content
You retain ownership of the property descriptions, photos, links, and other content you submit to the service (“Your Content”). You grant Agent Text a non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and otherwise process Your Content as needed to operate and improve the service. You represent that you have the rights necessary to grant this license and that Your Content does not violate any third party’s rights or any law.
Third-Party Services
The service relies on third-party providers, including Twilio for SMS delivery and Stripe for payment processing. Your use of those features is also subject to the applicable third-party terms and privacy policies. Agent Text is not responsible for outages, errors, or actions of third-party providers, though we will use commercially reasonable efforts to work around such issues.
Privacy
Our handling of personal information is described in our Privacy Policy . By using the service you agree to that policy.
Termination
You may stop using the service and cancel your subscription at any time. We may suspend or terminate your access to the service, with or without notice, if we believe you have violated these Terms, if your payment method fails, or if we are required to do so by law. Upon termination, your right to use the service ends immediately. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
Disclaimers
The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Agent Text disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Agent Text does not warrant that the service will be uninterrupted, error-free, secure, or that any specific message will be delivered or received. Agent Text is not a real estate broker, is not a party to any transaction between Agents and prospects, and does not guarantee any business outcome from use of the service.
Limitation of Liability
To the fullest extent permitted by law, Agent Text and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or relating to your use of the service, even if Agent Text has been advised of the possibility of such damages. Agent Text’s aggregate liability for all claims arising out of or relating to the service or these Terms will not exceed the greater of (a) the amount you paid Agent Text in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Indemnification
You agree to indemnify, defend, and hold harmless Agent Text and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content; (b) your use of the service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party, including any claim brought against Agent Text under the TCPA or similar law arising from your use of codes or your follow-up with prospects.
Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or by posting a notice on the website. Your continued use of the service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you should stop using the service and cancel your subscription.
Governing Law
These Terms are governed by the laws of the State of Idaho, without regard to its conflict of laws principles. You and Agent Text agree to submit to the exclusive jurisdiction of the state and federal courts located in Idaho for any dispute arising out of or relating to these Terms or the service, except that either party may seek injunctive relief in any court of competent jurisdiction.
Contact
Questions about these Terms can be sent to [email protected] .