Terms of Service

These Terms of Service ("Terms") govern your access to and use of the RecruitingOS platform (the "Service") operated by Derek Middlebrook PLLC ("Company," "we," "us," or "our"), available at realestaterecruitingos.com.

By creating an account or using the Service, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

RecruitingOS is a software-as-a-service (SaaS) platform designed for real estate team leaders, broker-owners, and recruiting professionals. The Service provides:

• Customer Relationship Management (CRM) for recruiting agents
• AI-powered voice calling, text messaging, and email automation
• AI Inside Sales Agent (ISA) for automated outreach and follow-up
• Pipeline management and visual recruiting workflows
• Event management with landing pages and chatbots
• Multi-channel marketing campaigns (email, SMS, social media)
• Analytics, scorecard, and P&L tracking
• Vendor network management and referral tracking
• Agent retention and nurture tools

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use. We are not liable for losses arising from unauthorized account access.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary.

3. Subscription & Billing

3.1 Free Trial

New users may receive a 14-day free trial with access to platform features. No credit card is required to start a trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service. Unused trial periods are forfeited upon subscription.

3.2 Paid Plans

RecruitingOS offers monthly subscription plans (Starter, Growth, Scale). Pricing is listed on our website and may be updated with 30 days' notice to existing subscribers.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly) unless cancelled. You will be charged using the payment method on file.

3.4 Cancellation

You may cancel your subscription at any time from your account settings or by contacting support@realestateos.com. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial months.

3.5 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees. Failed payments may result in service suspension.

3.6 Refund Policy

We do not offer refunds for monthly subscriptions. In exceptional circumstances, refund requests may be considered at our sole discretion by contacting support.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall NOT:

4.1 Prohibited Content (SHAFT)

• Send messages containing or promoting Sex, Hate, Alcohol, Firearms, or Tobacco ("SHAFT") content.
• Send deceptive, fraudulent, or misleading messages.
• Send messages that violate any applicable laws or regulations.

4.2 Anti-Spam

• You must comply with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and all applicable anti-spam laws.
• All marketing emails must include a valid physical address and functional unsubscribe mechanism.
• You must honor unsubscribe and opt-out requests within 10 business days.
• You may not purchase, rent, or use third-party email lists for sending through the Service without proper consent.

4.3 SMS & Calling Compliance

• You are solely responsible for obtaining proper consent (express written consent for marketing messages) from recipients before sending SMS or initiating calls through the platform.
• You must register for and maintain 10DLC (10-Digit Long Code) registration for A2P (Application-to-Person) messaging. RecruitingOS provides tools to facilitate 10DLC setup, but compliance is your responsibility.
• All SMS messages must include opt-out instructions (e.g., "Reply STOP to unsubscribe").
• You must maintain opt-in and opt-out records for all contacts.
• You may not use the Service for auto-dialing, robocalling, or any purpose prohibited by the TCPA without proper consent.
• AI voice calls must clearly identify as AI-generated where required by applicable law.

4.4 General Restrictions

• Do not attempt to reverse-engineer, decompile, or disassemble the Service.
• Do not use the Service to compete with RecruitingOS or to build a similar product.
• Do not use bots, scripts, or automated tools to scrape or interact with the Service beyond its intended API.
• Do not exceed reasonable usage limits or abuse platform resources.
• Do not share your account credentials with third parties.
• Do not upload or transmit viruses, malware, or any harmful code.

5. AI Usage Disclaimers

5.1 AI-Generated Content

RecruitingOS uses artificial intelligence to generate voice calls, text messages, emails, and other content. While we strive for accuracy and quality:

• AI-generated content may contain errors, inaccuracies, or inappropriate language.
• You are responsible for reviewing and approving AI-generated content before it is sent on your behalf.
• We do not guarantee specific outcomes from AI interactions, including but not limited to meeting bookings, agent responses, or recruiting success.

5.2 AI Voice Calling

• AI voice calls are powered by third-party AI providers (Vapi) and may not perfectly replicate human conversation.
• Call recordings and transcripts are stored for quality assurance and service improvement (see Privacy Policy).
• You are responsible for ensuring AI calls comply with all applicable laws in your jurisdiction, including disclosure requirements for automated/AI calls.
• We make no guarantees about call connection rates, conversation quality, or outcomes.

5.3 No Professional Advice

The Service does not provide legal, financial, or professional advice. AI-generated suggestions and templates are for informational purposes only. Consult qualified professionals for specific guidance.

6. Your Data & Content

6.1 Ownership

You retain ownership of all data and content you upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to process, store, and display Your Content solely to provide and improve the Service.

6.2 Data Responsibility

You are responsible for the accuracy and legality of the data you upload. You represent that you have the right to upload and use all contact data in the Service.

6.3 Data Export

You may export your data at any time through the platform's export features or by contacting support.

6.4 Data Deletion

Upon account termination, your data will be retained for 30 days and then permanently deleted, unless retention is required by law. See our Privacy Policy for details.

7. Intellectual Property

7.1 Our IP

The Service, including its design, code, features, documentation, logos, and trademarks, is owned by Derek Middlebrook PLLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written consent.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback without obligation to you.

8. Third-Party Services

The Service integrates with third-party platforms including Stripe, Twilio, Vapi, Supabase, Resend, and others. Your use of these integrations is subject to their respective terms of service. We are not responsible for the availability, accuracy, or conduct of third-party services.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEREK MIDDLEBROOK PLLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

9.3 Maximum Liability

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.4 AI Liability

We are not liable for any damages, losses, or claims arising from AI-generated content, AI voice calls, or AI-automated actions taken by the platform on your behalf. You acknowledge that AI technology is imperfect and accept the inherent risks of using AI-powered features.

10. Indemnification

You agree to indemnify, defend, and hold harmless Derek Middlebrook PLLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Content you upload, messages you send, or calls made through the Service.
• Your failure to comply with SMS, calling, or email regulations.

11. Termination

11.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting support.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use policies.
• Engage in fraudulent, abusive, or illegal activity.
• Fail to pay subscription fees after reasonable notice.
• Misuse AI features or generate excessive complaints.

11.3 Effect of Termination

Upon termination, your access to the Service will cease. Provisions that by their nature should survive (including Sections 7, 9, 10, and 13) will survive termination.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law & Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

15. Contact Us

If you have questions about these Terms, please contact us:

• Email: support@realestateos.com
• Company: Derek Middlebrook PLLC
• Website: realestaterecruitingos.com