Terms of Service

These Terms of Service ("Terms") are an agreement between you and Vail Digital Solutions LLC ("Vail Digital," "we," "us"), the maker of AgentVue. By creating an account, checking the acceptance box at sign-up, or using AgentVue on the web or in our mobile apps (together, the "Service"), you agree to these Terms and to our Privacy Policy.

1. The Service

AgentVue is a business dashboard for real estate professionals — listings, contacts, analytics, income tracking, open-house tools, and related features. We provide software; we are not a real estate brokerage, and nothing in the Service is real estate, legal, tax, or financial advice. You remain responsible for your own professional obligations, including MLS rules, licensing requirements, and fair housing and advertising laws.

2. Your Account

• You must be at least 18 and using the Service for business purposes.
• Provide accurate information and keep your credentials secure. Optional protections like two-factor authentication and Face ID are available in Settings — we encourage you to turn them on.
• You are responsible for activity under your account. Tell us promptly at hello@agentvue.app if you suspect unauthorized use.

3. Subscriptions & Billing

• Plans purchased on the web are billed through our payment processor, Stripe, at the price and terms presented when you subscribed (your "Order"). Taxes may apply.
• Unless your Order says otherwise, web plans are sold as 12-month terms and renew automatically for successive 12-month terms. Paying monthly spreads a term across twelve installments; it does not make the plan month-to-month. To stop a renewal, cancel in writing at least 30 days before the end of your current term. Cancelling during a term does not end your obligation for the rest of it, and fees already paid are non-refundable except where required by law. We'll remind you by email before each renewal.
• Promotional pricing (for example, referral credits) applies for as long as the promotion's stated conditions are met.
• We may change pricing with at least 30 days' notice; changes take effect at your next renewal after the notice period.
• Subscriptions purchased inside the AgentVue iOS app are billed by Apple to your Apple Account, at the price shown in the app, and renew automatically each month or year until you cancel. You can cancel or change these subscriptions at any time in your Apple Account settings (Settings → your name → Subscriptions); cancellation takes effect at the end of the current billing period. Refunds for App Store purchases are handled by Apple under its policies. Deleting your AgentVue account does not cancel an App Store subscription — cancel it in your Apple Account settings, or Apple will continue to charge you.

4. Referral Program

Our referral program grants subscription bill credits for qualifying referrals, as described at sign-up. Credits have no cash value, apply only to future invoices, and last only while the qualifying referral remains an active paying subscriber. Credits apply only to subscriptions billed through Stripe; they cannot be applied to subscriptions purchased through the App Store, which Apple bills directly. We may modify or end the program prospectively at any time; credits already earned on issued invoices are honored.

5. Your Content

Your listings, contacts, photos, and other data you put into AgentVue are yours. You grant us the limited rights needed to host, process, back up, and display that content in order to run the Service. You are responsible for having the rights to what you upload (including listing photos and client information) and for complying with applicable privacy laws in how you collect and use your clients' information. AgentVue is a working tool, not your system of record: keep your own copies of transaction documents, disclosures, and anything you are required to retain, and use the export features to keep your records current.

6. Client Communications & Consent

When you use AgentVue to email, text, call, or send alerts to your contacts and open-house visitors, you are the sender. You are responsible for having the consent the law requires (including the TCPA, CAN-SPAM, and state rules), for honoring opt-outs, and for the content of what you send. Information you collect about your clients and visitors through AgentVue is collected by you, for your business; we process it on your behalf under our Privacy Policy.

7. Acceptable Use

Don't misuse the Service: no unlawful use, no infringing or deceptive content, no attempts to probe or disrupt our systems, no scraping or reselling the Service, and no sending spam through features like alerts or review requests.

8. Our Property

The Service — its software, design, and branding — belongs to Vail Digital and its licensors. We grant you a limited, non-exclusive, non-transferable right to use it while you have an account in good standing.

9. Third-Party Services

The Service works with third parties such as Stripe (payments), Apple (app distribution and notifications), and scheduling and data providers. Their services are governed by their own terms, and we aren't responsible for them.

10. AI-Generated Content & CMAs

Some features draft content for you — for example, daily action plans, market narratives, comparative market analyses, and suggested messages. This content is generated automatically and can be incomplete, out of date, or wrong. Review and edit it before you rely on it or send it to anyone. A CMA produced with AgentVue is a marketing estimate, not an appraisal, and must not be presented as one. Market data comes from third-party sources we don't control. You are responsible for everything you present to clients, including anything AgentVue helped draft.

11. Ending Your Account

You can delete your account any time in Settings. Deletion locks the account immediately, permanently removes your data after a 14-day restore window, and a subscription billed through Stripe auto-cancels at the end of your agreed term. An App Store subscription is not cancelled by deleting your account — cancel it in your Apple Account settings. We may suspend or terminate accounts that materially breach these Terms.

12. Service Changes & Availability

We may add, change, or retire features, and may suspend the Service for maintenance or security. We may suspend or terminate your access for non-payment, for a breach of these Terms, or where required by law. After termination we may delete your data on the schedule in our Privacy Policy, and we have no obligation to keep it beyond that. Features marked beta or early access may change or be removed without notice and are provided without any commitment.

13. Disclaimers

The Service is provided "as is" and "as available." We work hard to keep it fast, accurate, and online, but we don't warrant that it will be uninterrupted or error-free, and we don't guarantee business results — leads, listings, rankings, or income. To the fullest extent permitted by law, we disclaim all implied warranties.

14. Limitation of Liability

To the fullest extent permitted by law, Vail Digital and its owners, employees, contractors, and suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, leads, listings, transactions, goodwill, or data, however caused and under any theory of liability, even if advised of the possibility. Our total liability for all claims relating to the Service is limited to the greater of the amounts you paid us in the 12 months before the claim arose or US $100. These limits are a basis of the bargain between us and apply even if a remedy fails of its essential purpose.

15. Indemnification

You will defend, indemnify, and hold harmless Vail Digital and its owners, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising from your content, your communications with clients and visitors, your use of the Service, your breach of these Terms, or your violation of any law or third-party right, including real estate licensing, MLS, fair housing, advertising, and privacy rules.

16. Changes to These Terms

We may update these Terms as the Service evolves. For material changes we'll give notice (for example, by email or in-app) before they take effect. Continuing to use the Service after changes take effect means you accept them.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules.

• Talk to us first. Before starting any formal proceeding, email hello@agentvue.app with a description of the dispute; we'll try to resolve it informally within 30 days.
• Arbitration. Any dispute that isn't resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its rules, held in Colorado or by video, rather than in court. Either side may instead bring an individual claim in small-claims court, or seek an injunction to protect intellectual property or the security of the Service.
• No class actions. Disputes are resolved individually. You and we each waive any right to bring or join a class, collective, or representative action, and the arbitrator may not consolidate claims of different customers.
• Opt out. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms. If you do, or if arbitration is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Colorado, and you consent to their jurisdiction.
• Time limit. Any claim relating to the Service must be brought within one year after it arises, or it is permanently barred.

18. General

These Terms, your Order, and our Privacy Policy are the entire agreement between you and Vail Digital about the Service and replace any prior understanding. You may not assign them without our consent; we may assign them in connection with a merger, acquisition, or sale. Neither side is liable for delays caused by events beyond its reasonable control. Sections on content, payment, disclaimers, liability, indemnification, and disputes survive termination. If you send us ideas or feedback, we may use them without obligation to you. The iOS app is licensed, not sold, under Apple's standard End User License Agreement; Apple is a third-party beneficiary of these Terms for that app and may enforce them, and Apple has no responsibility for the Service or any claim about it. The Service is offered from the United States for use by U.S. real estate professionals; you must comply with applicable export and sanctions laws.

19. Contact

Questions about these Terms: hello@agentvue.app.