Terms of Use | What You Need to Know

Effective Date: January 20th, 2025

Introduction

Welcome to Agent Legend. These Terms of Use ("Terms") govern your access to and use of Agent Legend’s platform ("Platform") and services.

By using Agent Legend's services, the client acknowledges understanding and accepting these limitations and agrees to hold Agent Legend harmless as specified herein. The client further acknowledges that these provisions are essential terms of the service agreement and that Agent Legend would not provide its services without these protections. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

Agent Legend provides tools to assist users in structuring, organizing, and executing their marketing campaigns. Agent Legend does not monitor, validate, or ensure compliance with applicable laws. You are solely responsible for ensuring that your use of the Platform complies with all relevant legal requirements. Agent Legend is not liable for errors in handling opt-outs, recipient consent, or National Do Not Call compliance.

1. Compliance with Laws

1.1 User Responsibility: You represent and warrant that all communications conducted through the Platform comply with federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA). Agent Legend does not monitor, validate, or enforce compliance with laws governing your use of the Platform. You are solely responsible for ensuring that your marketing campaigns adhere to all applicable laws.

1.2 Consent Requirements: You must obtain and retain express, legally valid written consent from recipients before sending any marketing communications via the Platform. Acceptable methods include:

Electronic signatures.
Online forms with affirmative opt-ins.
Verifiable consent mechanisms.

User is responsible for maintaining consent records in compliance with applicable laws.

1.3 Do Not Call Compliance: You are responsible for maintaining and honoring both internal and National Do Not Call (DNC) lists as required by law.

2. Data Use and Ownership

2.1 Ownership of Uploaded Data: You retain ownership of all data uploaded to the Platform ("Uploaded Data"). By using the Platform, you grant Agent Legend a limited, non-exclusive license to process Uploaded Data solely for the purpose of providing services.

2.2 User Obligations: You are responsible for ensuring that Uploaded Data is collected, stored, and processed in compliance with applicable laws. Agent Legend acts solely as a data processor and does not verify or monitor the legality of Uploaded Data.

2.3 Data Retention: Uploaded Data may be retained following account termination. You may request earlier deletion of Uploaded Data by contacting Agent Legend. Agent Legend will retain data if required by law.

3. Platform Usage

3.1 Acceptable Use: You agree not to:

Use the Platform to send unsolicited or unlawful communications.
Circumvent compliance mechanisms provided by Agent Legend.
Upload data without obtaining proper consent from data subjects.

3.2 Misuse of the Platform
Agent Legend reserves the right to take any of the following actions, at its sole discretion and without prior notice, if you are found to have misused the Platform:

Immediate suspension or termination of your access to the Platform;
Removal or deletion of Uploaded Data or any other data associated with your account;
Recovery of damages caused by your misuse, including but not limited to administrative costs, legal fees, or costs associated with investigating and resolving the misuse;
Reporting your activities to appropriate legal authorities, regulatory bodies, or other third parties as required by law.

Misuse includes, but is not limited to, sending unauthorized or unlawful communications, failing to obtain proper consent from recipients, circumventing compliance tools, or uploading data in violation of applicable laws or these Terms.

3.3 Indemnification:
Users agree to indemnify, defend, and hold harmless Agent Legend, its affiliates, officers, and employees from any claims, damages, or liabilities arising from:

Non-compliance with applicable laws, including the TCPA and GDPR,
Misuse of the Platform or Uploaded Data, or
Actions performed by third parties engaged by the user.

You agree that Agent Legend shall not be held liable for your failure to comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) regulations, the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA). You are solely responsible for any claims, penalties, or liabilities arising from your actions.

3.4 Limitation of Liability:
To the fullest extent permitted by law, Agent Legend and its affiliates, officers, directors, employees, agents, and service providers shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, business opportunities, goodwill, or reputation, arising out of or related to:

Your use of or inability to use the Platform;
Errors, delays, interruptions, or other failures of the Platform;
The actions or omissions of third-party service providers or integrations used in connection with the Platform;
Any unauthorized access to or use of your Uploaded Data;
Any errors or omissions in any content or services provided through the Platform.

3.5 Limitation of Damages:
Agent Legend’s total liability for all claims under this Agreement shall not exceed the fees paid by you to Agent Legend in the 12 months preceding the event giving rise to the claim. Agent Legend shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to:

Lost real estate opportunities or commissions.
Lost leads or prospect relationships.
Damage to your professional reputation.
Loss of data or contact information.
Any damages resulting from delays, interruptions, or errors in the Platform's operation.
Lost profits or revenue from real estate transactions or related business activities. This exclusion applies regardless of whether such damages were foreseeable or whether Agent Legend was advised of the possibility of such damages.

3.6 Third-Party Services and Integrations:
The Platform may include integrations with or provide access to third-party services, APIs, or tools (collectively, "Third-Party Services"). Agent Legend makes no representations or warranties regarding the availability, functionality, or compliance of such Third-Party Services. By using these integrations, you agree that:

Agent Legend is not responsible for the actions, omissions, or performance of Third-Party Services;
You are solely responsible for ensuring compliance with applicable laws when using Third-Party Services in conjunction with the Platform;
Agent Legend is not liable for any errors, damages, or losses arising from your use of or reliance on Third-Party Services; and
Your use of Third-Party Services is subject to the terms and conditions of the applicable third-party provider.
Agent Legend is not responsible for compliance failures or breaches originating from Third-Party Services integrated with the Platform.

4. Arbitration and Dispute Resolution

4.1 Binding Arbitration: All disputes arising under these Terms will be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration proceedings shall be governed by the laws of the State of Minnesota. Nothing in this clause prevents either Party from seeking interim relief from a court of competent jurisdiction to protect its rights pending arbitration.

4.2 Class Action Waiver: You waive the right to bring or participate in class or collective actions. All disputes will be resolved on an individual basis.

5. Termination of Access

5.1 Termination: Agent Legend reserves the right to suspend or terminate user access to the Platform for any violation of these Terms or misuse of the Platform. Terminated users will be notified, and any retained data will be handled in accordance with the Data Retention section. Users are responsible for downloading or retrieving their Uploaded Data prior to termination.

5.2 Survival: The provisions shall survive the termination of these Terms and your use of the Platform: Compliance with Laws, Data Use and Ownership, Indemnification, Limitation of Liability, Arbitration and Dispute Resolution, Governing Law, and any other provision that by its nature is intended to survive termination.

6. Changes to These Terms

Agent Legend reserves the right to update these Terms at any time. Material changes will be communicated via email or platform notifications. Continued use of the Platform after such updates constitutes acceptance of the revised Terms.

7. Force Majeure

Neither Party shall be liable for delays or failures to perform caused by events beyond their reasonable control, including natural disasters, government actions, or labor disputes.

8. Contact Information

For questions about these Terms, please contact us at: Email: support@agentlegend.com