These Terms of Service ("Terms") govern your access to and use of the AskListing platform operated by AskListing, Inc. ("AskListing," "we," "us," or "our"). By using our platform (whether as a buyer inquiring about a listing or as an agent or brokerage subscribing to our services), you agree to these Terms. If you are using AskListing on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Please read these Terms carefully. They contain an arbitration clause and class action waiver (Section 18) that affect how disputes are resolved.
1. The Platform
AskListing is an AI-powered real estate lead generation and communication platform. It enables:
- Buyers to ask questions about property listings via SMS, AI voice call, QR code scan, or web chat and receive AI-generated responses based on listing information provided by the agent.
- Agents and Brokerages to deploy a branded AI assistant on each listing, receive qualified buyer leads with conversation context, manage leads through a dashboard, and sync leads to their CRM.
AskListing is a technology platform. We are not a licensed real estate broker, agent, or mortgage lender. Nothing on our platform constitutes a real estate representation agreement, agency relationship, legal advice, or financial advice.
2. Eligibility
You must be at least 18 years old to use AskListing. Platform Users (agents and brokerages) must be duly licensed under applicable state real estate laws for the jurisdictions in which they operate. By using the platform, you represent and warrant that you meet these requirements.
3. Accounts and Registration
Platform Users must create an account to access the dashboard and subscription features. You agree to:
- Provide accurate, current, and complete information during registration and keep it updated
- Maintain the confidentiality of your login credentials and API keys
- Notify us immediately at support@asklisting.com of any unauthorized access to your account
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
4. Subscriptions and Payment
4.1 Subscription Plans
Access to Platform User features requires a paid subscription. Current plans and pricing are available at asklisting.com/#pricing. We reserve the right to modify pricing with 30 days' advance notice to active subscribers.
4.2 Billing
Subscriptions are billed monthly or annually in advance. Payment is processed via Stripe. By providing payment information, you authorize AskListing to charge your payment method for the applicable subscription fees, including auto-renewal at the end of each billing period unless you cancel.
4.3 Cancellation
You may cancel your subscription at any time from your account dashboard or by emailing support@asklisting.com. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods, except where required by applicable law.
4.4 Taxes
Subscription fees are exclusive of applicable taxes. You are responsible for any taxes, duties, or assessments imposed on your subscription by applicable authorities.
5. Acceptable Use
You agree not to use AskListing to:
- Violate any applicable law or regulation, including the TCPA, CAN-SPAM Act, Fair Housing Act, state real estate licensing laws, or applicable state privacy laws
- Send unsolicited commercial messages to individuals who have not consented to receive them
- Contact individuals who have submitted a valid STOP/opt-out request
- Misrepresent your identity, your brokerage, or any property listing
- Use the AI to make representations about a property that you know to be false or misleading
- Scrape, crawl, or harvest data from the platform through automated means not provided by us
- Reverse engineer, decompile, or attempt to extract the source code of the platform
- Interfere with or disrupt the integrity or performance of the platform
- Upload or transmit any malware, viruses, or other harmful code
- Attempt to access accounts, data, or systems you are not authorized to access
- Use the platform in any manner that could expose AskListing to legal liability
6. Platform User Obligations
6.1 TCPA Compliance
Platform Users are responsible for ensuring that all buyers who receive SMS or voice communications via AskListing have provided valid prior express written consent as required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations. AskListing provides standard-compliant consent language for use in listing materials, QR codes, and lead forms. You are responsible for deploying that consent language at every point of lead capture and for maintaining consent records.
AskListing's voice assistant uses AI-generated speech classified as "artificial or prerecorded voice" under FCC Declaratory Ruling FCC 24-17. You acknowledge this classification and represent that you have obtained required consents before enabling voice features on any listing.
6.2 Accurate Listing Information
You are solely responsible for the accuracy, completeness, and timeliness of all listing information, property details, documents, and marketing materials you provide to AskListing. The AI responds to buyers based on the information you supply. AskListing does not verify listing data and is not responsible for inaccurate AI responses that result from inaccurate information you provide.
6.3 Fair Housing Compliance
You agree to comply with the Fair Housing Act and all applicable state and local fair housing laws. You must not configure or instruct the AI assistant in any way that would result in discriminatory responses based on race, color, national origin, religion, sex, familial status, disability, or any other protected class. AskListing reserves the right to suspend listings or accounts where we have reasonable belief that fair housing violations are occurring.
6.4 Lead Handling
Buyer leads delivered through AskListing are for your use in connection with the relevant listing. You agree to handle buyer lead data in compliance with applicable privacy laws, including any state privacy laws applicable in your jurisdiction, and in accordance with the consents obtained from those buyers.
6.5 Licensing
You represent and warrant that you hold all required real estate licenses in good standing for the jurisdictions where you use AskListing, and that you will promptly notify us if your license is suspended, revoked, or lapses.
7. Buyer Terms
When you interact with an AskListing-powered listing via SMS, voice, or web chat, you acknowledge that:
- You are communicating with an AI assistant, not a licensed human real estate agent
- AI responses are based on information provided by the listing agent and may not be complete or current
- Nothing in your conversation with the AI constitutes a real estate representation agreement, offer, or acceptance
- You consent to your conversation being shared with the listing agent and brokerage as a lead record
- You consent to be contacted by the listing agent and brokerage as described in our Privacy Policy
- You should verify all material property information independently and consult with a licensed real estate professional
8. Intellectual Property
8.1 AskListing IP
The AskListing platform, including its software, design, AI systems, trademarks, and documentation, is owned by AskListing, Inc. and protected by copyright, trademark, and other intellectual property laws. These Terms do not transfer any ownership rights to you. You are granted a limited, non-exclusive, non-transferable, revocable license to use the platform for its intended purposes during the term of your subscription.
8.2 Your Content
You retain all ownership rights in the listing information, documents, photos, and other content you upload to AskListing ("Your Content"). By uploading Your Content, you grant AskListing a limited, non-exclusive, royalty-free license to use, process, store, and display Your Content solely for the purpose of operating the platform and delivering the services to you. We will not use Your Content to train AI models or for any purpose beyond service delivery without your express written consent.
8.3 Feedback
If you provide feedback, suggestions, or ideas about AskListing, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation or attribution to you.
9. Data Ownership and Portability
Your lead data, conversation records, and listing data belong to you (or your brokerage). We do not claim ownership of your client or lead data. Upon request or upon termination of your subscription, we will provide you with an export of your lead and listing data in a standard machine-readable format (CSV or JSON) within 30 days. We will delete your data from our active systems within 90 days of account closure, subject to our legal retention obligations.
10. Third-Party Integrations
AskListing integrates with third-party services including Telnyx (communications), Stripe (payments), and CRM platforms. Your use of these integrations is subject to the applicable third-party terms of service. AskListing is not responsible for the availability, functionality, or data practices of third-party services. If a third-party integration is discontinued, we will provide reasonable notice and offer alternative solutions where available.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Specifically:
- AI responses may be incomplete, outdated, or incorrect. AskListing does not warrant the accuracy of any AI-generated content.
- AskListing does not guarantee that leads generated through the platform will result in closed transactions.
- AskListing does not guarantee the delivery of any particular SMS or voice message, as delivery is subject to carrier and network factors outside our control.
- AskListing is not a licensed real estate broker and does not provide real estate advice.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKLISTING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ASKLISTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ASKLISTING'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO ASKLISTING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you in full.
13. Indemnification
You agree to defend, indemnify, and hold harmless AskListing and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the platform in violation of these Terms; (b) your violation of any applicable law or regulation, including TCPA violations; (c) any inaccurate or misleading listing information you provide; (d) your violation of any third party's rights; or (e) any Fair Housing Act violations in connection with your use of the platform.
14. TCPA Compliance Responsibility
Platform Users acknowledge that compliance with the Telephone Consumer Protection Act (TCPA) and applicable FCC regulations is their responsibility. AskListing provides tools and standard consent language to assist with compliance, but AskListing is not your TCPA compliance counsel and does not guarantee that your use of the platform will be TCPA-compliant in all circumstances. You are solely responsible for:
- Obtaining valid prior express written consent from buyers before initiating automated SMS or AI voice contact
- Maintaining records of consent
- Honoring opt-out requests promptly (within 10 business days)
- Ensuring your use of AskListing complies with all applicable federal and state telemarketing laws
You agree to indemnify and hold AskListing harmless from any TCPA claims, FCC enforcement actions, or related regulatory proceedings arising from your use of the platform's SMS or voice features.
15. Confidentiality
Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before receipt; (c) is independently developed; or (d) is required to be disclosed by law or court order.
16. Term and Termination
These Terms are effective from when you first use the platform and continue until terminated. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have violated these Terms or any applicable law. You may terminate your subscription at any time per Section 4.3.
Upon termination: (a) your right to access the platform ceases immediately; (b) provisions of these Terms that by their nature should survive termination (including Sections 8, 9, 11, 12, 13, 14, 17, and 18) will survive.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. Dispute Resolution: Arbitration and Class Action Waiver
18.1 Informal Resolution
Before initiating arbitration, you agree to first contact AskListing at legal@asklisting.com and attempt to resolve the dispute informally for at least 30 days. AskListing will similarly attempt to resolve any claims with you informally.
18.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform (excluding claims for injunctive or other equitable relief) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for buyers) or Commercial Arbitration Rules (for Platform Users), as applicable. The arbitration will be conducted in English. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
18.3 Class Action Waiver
YOU AND ASKLISTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a particular claim, that claim will be excluded from arbitration and may be brought in court.
18.4 Exceptions
Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions are also exempt from this arbitration provision.
18.5 Opt-Out
You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@asklisting.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.
19. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated with at least 30 days' advance notice to Platform Users via email to the address on your account. For buyers who do not have accounts, we will update the "Last Updated" date and post a notice on our website. Your continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes.
20. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy and any applicable Master Services Agreement, constitute the entire agreement between you and AskListing regarding the platform and supersede all prior agreements.
- Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
- Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
- Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms, including in connection with a merger, acquisition, or asset sale.
- Force Majeure. Neither party will be liable for delays or failure to perform resulting from causes beyond reasonable control, including acts of God, carrier outages, or government actions.
- No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and AskListing.
- Notices. Legal notices to AskListing must be sent to legal@asklisting.com. We may send notices to you at the email address on your account or via in-platform notification.
21. Contact
For questions about these Terms:
- Email: legal@asklisting.com
- Mail: AskListing, Inc., PO Box 1004, Clearfield, UT 84015
For privacy questions, see our Privacy Policy or email privacy@asklisting.com.