These Terms of Service ("Terms") govern your access to and use of the website, software platform, AI tools, and related services (collectively, the "Services") offered by 2694362 Alberta Ltd., operating as Dominate Your Real Estate ("DYR", "we", "us", or "our").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, "you" and "your" refer to both you personally and the entity.
1. Eligibility
To use the Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Be a licensed real estate professional or otherwise authorized to use the Services in connection with a real estate business
- Not be barred from receiving the Services under the laws of Canada or any other applicable jurisdiction
2. Account Registration
To access most features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the confidentiality of your login credentials
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
DYR reserves the right to suspend or terminate accounts that contain false information, are used in violation of these Terms, or are inactive for an extended period.
3. Subscription Plans and Billing
3.1 Subscription
DYR is offered as a subscription service. By subscribing, you agree to pay the recurring fees associated with your selected plan, which will be billed on a monthly or other periodic basis as disclosed at the time of purchase.
3.2 Payment Processing
All payments are processed by Stripe, Inc. By providing payment information, you authorize DYR (through Stripe) to charge the applicable subscription fees and any other charges you incur. You represent that you are authorized to use the payment method provided.
3.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorize DYR to charge your payment method for each renewal until you cancel.
3.4 Price Changes
DYR may change subscription prices upon at least thirty (30) days' written notice. Price changes take effect at the start of the next billing period following notice. Continued use of the Services after a price change constitutes acceptance of the new price.
3.5 Taxes
Subscription fees are exclusive of applicable taxes (including GST/HST). You are responsible for all applicable taxes.
3.6 Failed Payments
If a payment fails, DYR may suspend your access to the Services until payment is received. Repeated payment failures may result in account termination.
4. Refund Policy
14-Day Money-Back Guarantee
First-time subscribers may request a full refund within 14 days of their initial purchase. Email [email protected] from your account email to request a refund.
4.1 14-Day Money-Back Guarantee
First-time subscribers may request a full refund of their initial subscription payment within fourteen (14) days of the original purchase date. To request a refund under this guarantee, contact [email protected] from the email address associated with your account.
4.2 No Refunds After 14 Days
Except as required by applicable law, all subscription fees paid after the initial 14-day period are non-refundable. This includes (without limitation) partial billing periods, unused portions of a subscription, and renewals.
4.3 Cancellation
You may cancel your subscription at any time from your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to the Services until the end of the period for which you have paid.
4.4 Add-On Services
Done-for-you add-on services (such as ad management, custom workflow builds, or content packs) are non-refundable once work has commenced.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right
- Send unsolicited commercial messages in violation of CASL, CAN-SPAM, or other anti-spam laws
- Send messages to recipients who have not consented to receive them
- Engage in fraudulent, deceptive, or misleading practices
- Upload or transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Services or related systems
- Reverse-engineer, decompile, or attempt to extract source code from the Services
- Resell, sublicense, or redistribute the Services without our written permission
- Use the Services to compete with DYR or to build a competing product
- Harvest or scrape data from the Services
- Impersonate any person or entity, or misrepresent your affiliation
- Interfere with or disrupt the integrity or performance of the Services
DYR may suspend or terminate your account immediately and without notice if we believe you have violated these acceptable use rules.
6. AI-Generated Content and Disclaimers
The Services include the DYR Agent, an AI-powered assistant that generates content, recommendations, and actions based on your inputs. By using the DYR Agent, you understand and agree that:
6.1 No Warranty of Accuracy
AI-generated content may be incomplete, inaccurate, biased, or outdated. DYR does not guarantee the accuracy, reliability, or suitability of any AI-generated content for any specific purpose.
6.2 Your Responsibility to Review
You are solely responsible for reviewing, verifying, and editing AI-generated content before using it. This includes (without limitation) marketing copy, client communications, contracts, social media posts, and pricing or market information. DYR is not responsible for any consequences resulting from unverified AI output.
6.3 No Professional Advice
AI-generated content is not legal, financial, tax, accounting, real estate, or professional advice. You should consult a qualified professional before relying on any AI output for material business decisions.
6.4 Inputs You Provide
You agree not to submit to the DYR Agent any information that you do not have the right to share, that contains sensitive personal information about third parties without authorization, or that violates any law.
7. Intellectual Property
7.1 DYR's Property
DYR and its licensors retain all right, title, and interest in and to the Services, including the platform, software, AI prompts, system architecture, branding, templates, frameworks, and all related intellectual property. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms.
7.2 Your Content
You retain ownership of the content you upload, create, or generate using the Services ("Your Content"), including marketing copy, CRM data, documents, and AI-assisted outputs that you direct, edit, and use.
7.3 Licenses You Grant Us
By using the Services, you grant DYR a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely as needed to operate and provide the Services to you. You also grant DYR a license to use aggregated, de-identified data derived from your usage of the Services to improve, analyze, and develop the Services. This aggregated data does not identify you or your clients.
7.4 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant DYR a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
8. Third-Party Services
The Services rely on or integrate with third-party services (such as Stripe, GoHighLevel, OpenAI, and Anthropic). Your use of those services is subject to their own terms and policies. DYR is not responsible for the actions, errors, or omissions of third-party providers.
9. Confidentiality
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYR DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
DYR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. DYR DOES NOT WARRANT THAT THE SERVICES OR AI-GENERATED CONTENT WILL ACHIEVE ANY SPECIFIC BUSINESS RESULT, REVENUE, OR OUTCOME.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DYR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF DYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DYR'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DYR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless DYR, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any law or third-party right
- Your Content, including any claims of infringement, defamation, or violation of privacy
- Your communications sent through the Services, including messages that violate CASL or other anti-spam laws
13. Term and Termination
13.1 Term
These Terms remain in effect while you have an active account or use the Services.
13.2 Termination by You
You may terminate your account at any time by cancelling your subscription as described in Section 4.3.
13.3 Termination by DYR
DYR may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, engage in prohibited conduct, or for any other reason at our reasonable discretion. We will make reasonable efforts to notify you of termination.
13.4 Effect of Termination
Upon termination, your right to access the Services ends. DYR may delete your data after termination, subject to the retention periods described in our Privacy Policy. You should export any data you wish to retain before termination.
13.5 Survival
Sections that by their nature should survive termination (including Sections 7, 9, 10, 11, 12, and 14-16) will survive.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
14.2 Jurisdiction
Subject to Section 14.3, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts of the Province of Alberta, located in Edmonton, Alberta. You consent to the personal jurisdiction of those courts.
14.3 Informal Resolution First
Before filing a formal claim, you agree to first contact DYR at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.
15. Changes to These Terms
DYR may update these Terms from time to time. We will post the updated Terms on our website and update the "Last Updated" date. Material changes will be communicated via email or in-app notification at least thirty (30) days before they take effect. Continued use of the Services after the effective date of the updated Terms constitutes acceptance.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and DYR regarding the Services.
16.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
16.3 No Waiver
DYR's failure to enforce any provision is not a waiver of its right to do so later.
16.4 Assignment
You may not assign these Terms without DYR's prior written consent. DYR may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.5 Force Majeure
DYR is not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, internet outages, third-party service failures, or government actions.
16.6 Notices
Notices to DYR should be sent to [email protected] or by mail to 2694362 Alberta Ltd., 3207 152 Ave NW, Edmonton, AB T5Y 0K1, Canada. Notices to you may be sent to the email address associated with your account.
16.7 Contact
Questions?
Contact us anytime.
- Email: [email protected]
- Phone: +1 (587) 991-5997
- Mail: 2694362 Alberta Ltd., 3207 152 Ave NW, Edmonton, AB T5Y 0K1
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