1. Agreement to these terms
These Terms of Service ("Terms") are an agreement between you and 1926 Systems [LLC] ("1926 Systems," "we," "us"). They apply to your use of this website and to any services we provide. By using the site or signing up for services, you agree to these Terms. If you are agreeing on behalf of a brokerage, team or company, you confirm you have authority to bind it. If a signed proposal, order form or statement of work conflicts with these Terms, the signed document controls.
2. About 1926 Systems
1926 Systems is a technology and marketing services company. We are not a real estate brokerage, we do not hold a real estate license, and we do not represent buyers, sellers, landlords or tenants. Nothing on our site or in our services is legal, tax, financial or real estate advice.
3. Our services
We set up and run lead follow-up, messaging, scheduling and transaction-update automations inside your customer relationship management (CRM) system or other tools. The exact services, timeline and price for each client are described in that client's plan, roadmap or proposal ("Plan"). We may improve or change how we deliver services as long as we don't materially reduce what your Plan includes.
4. Fees and payment
- Setup fee. Some Plans include a one-time setup fee, due before work begins. [Setup fees are non-refundable once work has started.]
- Subscription. Monthly fees are billed in advance and renew automatically each month until cancelled.
- Founding member rate. If you sign up at a founding member rate, your monthly rate will not increase for as long as your subscription stays active and in good standing. If your subscription is cancelled or ends for non-payment, current pricing applies if you sign up again.
- Third-party costs. Unless your Plan says otherwise, you are responsible for your own CRM subscription, phone numbers, messaging and carrier fees, and other third-party costs.
- Late payment. If a payment fails or is late, we may pause services until your account is current.
5. Your responsibilities
- Give us accurate information and the access we need to your CRM and tools.
- Review and approve the messages, scripts and automations we build before they go live, and tell us promptly about any changes.
- Make sure you have the legal right to contact every lead and contact you load into or connect to your systems.
- Follow all laws, rules and policies that apply to you, including real estate licensing and advertising rules (such as required license and brokerage disclosures), your brokerage's policies, and privacy, texting, calling and email laws.
- Keep your account logins secure and tell us right away about any unauthorized access.
6. Messaging and calling compliance
Texting and calling consumers is regulated by laws such as the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and texting laws, and phone carrier rules for business texting (such as A2P 10DLC registration). You are responsible for getting and keeping any consent these laws require before we contact your leads on your behalf, and for honoring do-not-call requests. We build opt-out handling (such as replies of STOP) into every system and will help with carrier registration, but you remain responsible for your own compliance.
7. Your data
You own your contacts, leads, conversations and other data in your systems ("Client Data"). You give us permission to access and use Client Data only to provide and improve our services for you, as described in our Privacy Policy. We do not sell Client Data or use it to market to your contacts for ourselves. When our services end, your Client Data stays in your account.
8. Intellectual property
Once you have paid for them, you may use the messages, scripts and automations we build for your business for as long as you like, including after our services end. We keep ownership of our own templates, methods, know-how and tools, and we may reuse general (non-confidential) know-how for other clients. The content and design of this website belong to 1926 Systems and may not be copied without permission.
9. Third-party services
Our services rely on third-party platforms such as CRMs, phone carriers, messaging providers, calendars and lead portals. We don't control those platforms and aren't responsible for their outages, changes, fees, message filtering or policies. Your use of them is governed by their own terms.
10. No guaranteed results
We work hard to help you respond faster and convert more leads, but we cannot guarantee any number of leads, appointments, closings, commissions or other results. Any examples, demos or timeframes on our site are illustrations, not promises.
11. Disclaimers
Except as expressly stated in your Plan, our site and services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that our services will be uninterrupted or error-free.
12. Limitation of liability
To the fullest extent allowed by law, 1926 Systems will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost commissions, lost data or lost business opportunities. Our total liability for any claim related to our site or services is limited to the amount you paid us in the three (3) months before the event giving rise to the claim. Some laws don't allow these limits, so they may not apply to you.
13. Indemnification
You agree to defend and hold 1926 Systems harmless from claims, fines and costs (including reasonable attorneys' fees) that arise from your Client Data, your messages and campaigns that you approved, your failure to get required consent, or your violation of these Terms or any law, including real estate and messaging laws.
14. Cancellation and termination
You may cancel your subscription with [30] days' written notice to [email protected]. Fees already paid are non-refundable unless your Plan says otherwise. We may suspend or end services if you don't pay, if you break these Terms, or if continuing would expose us to legal risk. When services end, we will stop running automations on your behalf and remove our access to your systems.
15. Governing law and disputes
These Terms are governed by the laws of the State of [State], without regard to its conflict of laws rules. Before filing any claim, both sides agree to try to resolve the dispute informally for at least 30 days. Any dispute that isn't resolved will be handled in the state or federal courts located in [County, State], unless your Plan provides otherwise.
16. General terms
We may update these Terms from time to time by posting a new version here and changing the "Last updated" date. If a change is significant, we will give you reasonable notice. If any part of these Terms is found unenforceable, the rest stays in effect. You may not transfer your rights under these Terms without our written consent. These Terms, your Plan and our Privacy Policy are the entire agreement between us about their subject.
17. Contact us
1926 Systems [LLC]
[Business address]
Email: [email protected]