Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Footfallz platform, including the Footfallz website, mobile application, and the askKeys AI chatbot (collectively, the "Services"), operated by Footfallz ("Company," "we," "us," or "our"). These Terms are specifically designed for licensed real estate agents and brokers ("Realtors," "you," or "your") who register and use the Services in a professional capacity.

By creating an account, logging in, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

1. Eligibility and Account Registration

To use the Services as a Realtor, you must:

• Be at least 18 years of age
• Hold a valid, active real estate license in at least one U.S. state
• Be in good standing with your state's real estate commission or regulatory body
• Provide accurate registration information, including your license number, brokerage affiliation, and service areas

You are responsible for keeping your account information current and your credentials secure. You must notify us immediately of any unauthorized access to your account. You are solely responsible for maintaining a valid, active real estate license. Footfallz does not independently verify license status with state regulatory databases, but reserves the right to suspend or terminate your account upon becoming aware that your license is expired, revoked, or suspended.

2. Description of Services

Footfallz provides a technology platform that connects home buyers with real estate agents. As a Realtor on our platform, you may:

• Create and manage a professional profile visible to prospective buyers
• Receive buyer leads and inquiries generated through the Footfallz platform and askKeys chatbot
• Use askKeys as an AI-powered tool to assist with client inquiries and workflows
• Access buyer property preferences and contact information when a buyer requests to connect with you
• Manage communications with buyers through the platform

3. Professional Responsibilities

By using the Services, you agree to:

• Maintain valid licensure: Keep your real estate license active and in good standing in every jurisdiction where you practice
• Comply with all laws: Follow all applicable federal, state, and local real estate laws and regulations, including the Fair Housing Act, RESPA, state disclosure requirements, and your state's real estate commission rules
• Uphold ethical standards: Adhere to the National Association of Realtors® Code of Ethics (if applicable) and maintain professional standards in all client interactions
• Provide accurate information: Ensure all information you provide about yourself, your listings, and your services is truthful and not misleading
• Protect client interests: Fulfill your fiduciary duties to clients, including loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting
• Handle buyer data responsibly: Use buyer contact information and preferences shared through Footfallz only for the purpose of providing real estate services. Do not sell, share, or misuse buyer data

4. Use of askKeys AI Chatbot

As a real estate professional using askKeys, you specifically agree to:

• Verify all AI content: Independently verify all information generated by askKeys before sharing it with clients, using it in marketing, or relying on it in any professional capacity
• Do not present AI content as your own analysis: You must not represent AI-Generated Content to clients as your own professional opinion, market analysis, or expert advice without independent verification
• Disclose AI use: When sharing information derived from askKeys with clients, disclose that AI technology was used in generating the information
• Exercise professional judgment: AI is a supplementary tool — it does not replace your training, experience, or professional obligations
• Do not input sensitive data: Do not enter Social Security numbers, payment card details, banking credentials, biometric identifiers, or health information into askKeys. Such data is not required for use of the service, and Footfallz is not responsible for any sensitive data you voluntarily submit

Training Data and Sources: askKeys uses third-party AI models (OpenAI, Anthropic, OpenRouter) and may incorporate publicly available real estate data. Anonymized usage data may be used to improve service quality. The specific AI models and providers in use may change over time as the platform evolves.

AI Transparency and Labeling: AI-generated content within askKeys may include visible or embedded labels identifying it as AI-generated.

Reporting Harmful AI Outputs: If you believe any askKeys output contains harmful, inaccurate, misleading, discriminatory, or unlawful content, report it to support@footfallz.com. We review all reports and take corrective action where appropriate.

Footfallz shall not be liable for any claims, losses, damages, or professional disciplinary actions arising from your reliance on AI-Generated Content.

5. Buyer Leads and Data

When a buyer requests to connect with a Realtor through Footfallz or askKeys, we may share that buyer's contact information and property preferences with you. You agree to:

• Respond to buyer inquiries in a timely and professional manner
• Use buyer data solely for the purpose of providing real estate services
• Not add buyer contact information to unsolicited marketing lists without their explicit consent
• Comply with all applicable privacy laws, including CAN-SPAM and TCPA, when communicating with buyers
• Respect a buyer's decision to discontinue communication at any time

6. Fees and Payment

Certain features of the Services may be offered on a free or paid basis. If applicable fees apply to your use of the platform, the specific pricing, payment terms, and billing details will be communicated to you at the time of enrollment or upgrade. We reserve the right to change our fee structure with 30 days' prior notice. You agree to pay all applicable fees in a timely manner. Unpaid fees may result in suspension of your account.

7. Content You Provide

By submitting content to the platform (including your profile, listings, photos, descriptions, and communications), you:

• Represent that you own or have the right to use all content you provide
• Grant Footfallz a non-exclusive, royalty-free license to display, distribute, and use your content to operate and promote the Services
• Agree that your public profile information may be visible to buyers and other users of the platform
• Are solely responsible for the accuracy and legality of all content you submit

8. Prohibited Conduct

You agree not to:

• Violate fair housing laws or engage in discriminatory practices of any kind
• Submit false or misleading listings, credentials, or professional information
• Use the Services for any unlawful purpose
• Attempt to reverse-engineer, copy, or extract askKeys AI models or algorithms
• Use bots or automated tools to access the Services without written permission
• Interfere with the platform's operation or other users' experience
• Solicit Footfallz users away from the platform using information obtained through the Services
• Harass, threaten, or abuse buyers or other agents on the platform
• Misrepresent your relationship with Footfallz (e.g., implying employment or endorsement)

9. No Employment or Agency Relationship

Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency relationship between you and Footfallz. You are an independent professional using our technology platform. Footfallz does not supervise, direct, or control your real estate activities. You are solely responsible for your client relationships, transactions, and compliance with professional standards.

10. Intellectual Property

All content, software, design, trademarks, and technology of the Footfallz platform and askKeys are owned by or licensed to the Company. You may not copy, modify, distribute, or create derivative works from any part of the Services. You retain ownership of original content you create and submit to the platform (e.g., listing descriptions you author), subject to the license granted in Section 7.

AI Inputs and Outputs: You retain ownership of the messages you submit to askKeys ("Inputs"). By using askKeys, you grant Footfallz a non-exclusive, royalty-free, worldwide license to use your Inputs and the AI-generated responses ("Outputs") to operate, maintain, and improve the Services. AI Outputs are provided for your professional use in connection with the Services only and may not be reproduced or commercially exploited outside the platform.

11. Copyright Infringement (DMCA)

Footfallz respects the intellectual property rights of others and expects all users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to claims of copyright infringement on the platform.

If you believe that content on the Footfallz platform infringes your copyright, please submit a notice to our designated Copyright Agent with the following information:

• A description of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material is located on the platform
• Your contact information (address, phone number, and email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
• Your electronic or physical signature

DMCA Copyright Agent:

Footfallz reserves the right to remove allegedly infringing content and to terminate or suspend the accounts of repeat infringers.

12. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that:

• The Services will generate any specific number of leads or clients
• AI-Generated Content will be accurate, complete, or current
• The Services will be uninterrupted, secure, or error-free
• Use of the Services will result in any particular business outcome

13. Limitation of Liability

To the maximum extent permitted by law, Footfallz shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services — including lost revenue, lost clients, professional disciplinary actions, reputational harm, or damages from reliance on AI-Generated Content. Our total liability shall not exceed the fees you paid to Footfallz (if any) in the twelve months preceding the claim.

California Residents: If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive this section and any similar provision in other jurisdictions.

14. Indemnification

You agree to indemnify, defend, and hold harmless Footfallz from any claims, liabilities, damages, losses, or expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your real estate activities; (c) your violation of these Terms or any law; (d) your use or misuse of AI-Generated Content; (e) any dispute between you and a buyer; or (f) content you submit to the platform.

15. Termination

Either party may terminate this agreement at any time. You may delete your account or stop using the Services. We may suspend or terminate your access immediately if you violate these Terms, if your real estate license is revoked or suspended, or for any other reason at our discretion. Upon termination:

• Your access to the Services ceases immediately
• Any pending buyer leads or data access will be revoked
• Sections on Liability, Indemnification, and Governing Law survive termination
• You must cease using any Footfallz branding or materials

16. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated via email or through the platform at least 15 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Disputes shall be resolved through binding arbitration administered by the American Arbitration Association in Delaware. You waive any right to a jury trial or to participate in a class action. For claims under $10,000, either party may elect to use small claims court in lieu of arbitration. Any cause of action or claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

18. Force Majeure

Footfallz shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, embargoes, government actions, power failures, internet or telecommunications disruptions, cyberattacks, pandemics, or shortages of materials or infrastructure.

19. Severability and Entire Agreement

If any provision of these Terms is found invalid, the remaining provisions remain in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Footfallz regarding your use of the Services as a Realtor.

20. Contact Us

Questions about these Terms? Contact us: