1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Total Agent LLC ("Company," "we," "us," or "our"), governing your access to and use of the Total Agent platform, website (bytotalagent.com), mobile applications, and all related services (collectively, the "Platform").
By creating an account, subscribing to a plan, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.
2. Eligibility
To use the Platform, you must:
- Be at least 18 years of age
- Hold a valid, active real estate license issued by the appropriate state regulatory authority (e.g., Florida DBPR) or be employed by or affiliated with a licensed real estate professional or brokerage
- Have the authority to enter into these Terms on behalf of yourself or the entity you represent
- Provide accurate, current, and complete registration information
3. Description of Services
Total Agent is an AI-powered real estate operating platform that provides subscribing real estate agents with tools including but not limited to:
- Customer Relationship Management (CRM) with contact management, pipeline tracking, and activity timelines
- Automated showing coordination and management
- AI-powered showing feedback collection, classification, and delivery
- Automated SMS messaging sequences triggered by real estate events
- Dedicated business phone numbers with inbound call forwarding and optional call recording
- AI-generated SEO content publishing
- Financial goal tracking and commission analytics
- Listing management and marketing tools
- Automation sequence builder
- Analytics dashboards and reporting
Features and availability may vary by subscription tier and may be added, modified, or discontinued at our sole discretion with reasonable notice to subscribers.
4. Subscription Plans and Billing
4.1 Subscription Tiers
The Platform is offered through paid subscription plans. Current pricing tiers, features, and terms are published on our website and may be updated from time to time. By subscribing, you agree to the pricing and terms of your selected plan.
4.2 Billing and Payment
- All subscriptions are billed monthly in advance via Stripe
- Payment is due on the date of subscription and on the same date each subsequent month
- All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms
- You authorize us to charge your designated payment method for all applicable fees
- Failed payments may result in suspension or termination of your account
4.3 Founding Member Pricing
Founding member pricing is a promotional rate offered to early subscribers. Founding member pricing is locked at the agreed-upon rate for the duration of the subscriber's continuous, uninterrupted subscription. If a founding member cancels and later resubscribes, founding member pricing is forfeited and standard pricing applies.
4.4 Price Changes
We reserve the right to modify pricing for standard and new subscription tiers. We will provide at least 30 days' written notice of any price increase. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.
5. Artificial Intelligence — Disclaimers and Limitations
5.1 AI-Generated Content
The Platform uses AI technologies, including third-party AI services, to generate content such as blog posts, listing descriptions, marketing copy, SMS messages, call transcriptions, call summaries, feedback classifications, and other text-based outputs. You acknowledge and agree that:
- AI-generated content may contain factual errors, inaccuracies, outdated information, or fabricated details ("hallucinations")
- AI-generated content does not constitute professional advice of any kind — including real estate, legal, financial, tax, or medical advice
- You are solely responsible for reviewing, editing, and approving all AI-generated content before it is published, sent, or otherwise used in any business context
- Content generated by AI may inadvertently infringe upon third-party intellectual property rights; you are responsible for ensuring compliance
- AI outputs may reflect biases present in training data and may not always be appropriate for all audiences or contexts
5.2 AI Feedback Processing
Our AI feedback processing system automatically classifies, cleans, and structures showing feedback from buyers' agents for delivery to sellers. You acknowledge that:
- The AI's interpretation of feedback sentiment and content may not accurately reflect the original intent of the feedback provider
- Automated classification may miscategorize positive feedback as negative (or vice versa), omit nuances, or misinterpret context
- You should review all processed feedback before delivering it to sellers or using it to make business recommendations
- We are not liable for any damages arising from reliance on AI-processed feedback
5.3 AI Automation
Automated features including SMS sequences, content scheduling, and workflow triggers operate based on rules, AI interpretation, and event-driven logic. These systems may:
- Send messages at incorrect times or to unintended recipients due to system errors
- Generate inappropriate or contextually incorrect messages
- Fail to fire, experience delays, or trigger unexpectedly
- Produce results that differ from your expectations or intentions
You are responsible for configuring, monitoring, and supervising all automated systems. We recommend regularly reviewing automation logs and outputs.
5.4 No Guarantee of AI Performance
We do not guarantee the accuracy, reliability, completeness, or timeliness of any AI-generated output. AI technology is evolving rapidly, and the performance of AI features may change as underlying models are updated. We reserve the right to modify, replace, or discontinue AI features or underlying AI providers at any time.
6. Communications — SMS, Voice, and Email
6.1 SMS Messaging Program — Total Agent Notifications
The Platform operates an SMS messaging program called Total Agent Notifications. Message frequency varies based on showing activity and agent communication preferences. Message and data rates may apply. Text STOP to cancel. Text HELP for help. Support: hello@bytotalagent.com.
By using the Platform's SMS features, you agree to:
- Comply with all applicable federal and state laws governing text messaging, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all FCC regulations
- Only send messages to individuals who have provided proper consent to receive communications
- Include opt-out instructions in all marketing-related messages
- Honor all opt-out requests immediately
- Not use the Platform to send spam, unsolicited messages, or messages that violate any applicable law
- Comply with carrier requirements and A2P 10DLC registration obligations
We reserve the right to suspend or terminate SMS capabilities for any account that violates these requirements or generates excessive opt-out rates, carrier complaints, or spam reports.
6.2 Voice Calls and Call Recording
The Platform provides dedicated business phone numbers with call forwarding and optional call recording. By using these features, you agree to:
- Comply with all federal and state call recording laws, including two-party consent requirements in applicable jurisdictions (including Florida)
- Not disable, bypass, or interfere with the Platform's automated recording consent disclosure
- Use call recordings only for lawful business purposes
- Assume full responsibility for the legal compliance of recorded calls in your jurisdiction
- Not use the Platform's voice features for any illegal, harassing, threatening, or fraudulent purpose
6.3 Email Integration
The Platform integrates with Gmail and Outlook via OAuth. You grant us permission to send emails on your behalf through your connected email account. You are responsible for the content of all emails sent through the Platform and for compliance with CAN-SPAM and other applicable email regulations.
7. Your Content and Data
7.1 Ownership
You retain ownership of all data, content, and materials you upload to or create within the Platform ("Your Content"). By using the Platform, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display Your Content solely for the purpose of providing and improving the Platform's services.
7.2 Responsibility for Content
You are solely responsible for Your Content, including but not limited to contact information, listing data, communications, and any content you publish through the Platform. You represent and warrant that Your Content does not violate any third-party rights or any applicable law.
7.3 AI-Generated Content Ownership
Content generated by our AI features on your behalf (including blog posts, listing descriptions, and marketing materials) is provided to you for your use. However, AI-generated content may not be eligible for copyright protection under current U.S. law. We make no representations regarding the intellectual property status of AI-generated content, and you use such content at your own risk.
8. Prohibited Uses
You agree not to use the Platform to:
- Violate any federal, state, local, or international law or regulation
- Violate the Fair Housing Act, Equal Credit Opportunity Act, or any other anti-discrimination law
- Send unsolicited or unauthorized advertising, spam, or promotional materials
- Harass, abuse, threaten, or intimidate any person
- Impersonate any person or entity or misrepresent your affiliation
- Upload viruses, malware, or any other malicious code
- Attempt to gain unauthorized access to any part of the Platform or its systems
- Reverse engineer, decompile, or disassemble any aspect of the Platform
- Scrape, data mine, or use automated methods to extract data from the Platform
- Sublicense, resell, or redistribute access to the Platform without written authorization
- Use the Platform in any manner that could damage, disable, or impair its operation
9. Intellectual Property
The Platform, including its design, code, features, documentation, brand elements, and all proprietary technology (including but not limited to our AI feedback processing methodology, brand brain architecture, and automation frameworks) is owned by the Company and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property beyond the limited license to use the Platform as a subscriber.
Certain features of the Platform may be the subject of pending patent applications. Unauthorized reproduction, reverse engineering, or commercial exploitation of any proprietary technology is strictly prohibited.
10. Account Termination
10.1 Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.
10.2 Termination by Us
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Non-payment of subscription fees
- Excessive carrier complaints or SMS opt-out rates
- Fraudulent, illegal, or abusive use of the Platform
- Conduct that harms the Platform, other users, or the Company's reputation
10.3 Effect of Termination
Upon termination, your access to the Platform will be revoked. Your data will be retained for 90 days following termination, during which time you may request an export. After 90 days, your data may be permanently deleted. Your dedicated phone number will be released and may be reassigned. Any active automations, scheduled messages, and content publishing will be immediately halted.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied
- We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components
- We do not warrant the accuracy, reliability, or completeness of any AI-generated content, feedback classification, transcription, or automated output
- We disclaim all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- In no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of clients, loss of data, loss of business opportunities, or reputational damage, arising from your use of or inability to use the Platform
- Our total aggregate liability for any claims arising from your use of the Platform shall not exceed the total amount you paid to us in subscription fees during the twelve (12) months immediately preceding the event giving rise to the claim
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any applicable law, rule, or regulation
- Your violation of any third-party rights, including privacy, intellectual property, or consumer protection rights
- Any content you submit, publish, or transmit through the Platform
- Any SMS, email, or voice communication sent through the Platform on your behalf
- Your use or reliance on AI-generated content, feedback, or automated outputs
- Any claim by a third party (including your clients, leads, or contacts) related to communications or actions taken through the Platform
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
13.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Palm Beach County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Service Level and Uptime
We strive to maintain high availability of the Platform but do not guarantee uninterrupted service. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss or damage resulting from Platform downtime or service interruptions.
15. Third-Party Integrations
The Platform relies on third-party services including but not limited to Twilio, Stripe, Anthropic, Vercel, Supabase, Google, and Microsoft. Changes to these third-party services, including pricing changes, API modifications, outages, or discontinuation, may affect Platform functionality. We are not liable for disruptions caused by third-party service providers.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and cancel your subscription.
17. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Platform.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, pandemics, internet or telecommunications failures, or third-party service outages.
- Notices: All notices to the Company should be sent to hello@bytotalagent.com. Notices to you will be sent to the email address associated with your account.
18. Contact Information
For questions about these Terms, please contact us:
- Email: hello@bytotalagent.com
- Company: Total Agent LLC
- Address: Palm Beach County, Florida