Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and YourCloudAgent LLC ("YourCloudAgent," "we," "us," or "our"), a New York limited liability company.

By accessing our website at yourcloudagent.com, signing up for an account, purchasing a subscription, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional agreements referenced herein.

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Description of Services

YourCloudAgent provides done-for-you CRM automation and lead management systems for licensed New York real estate brokers and related real estate professionals. Our services include, but are not limited to:

• Automated lead capture and follow-up systems

• Missed-call text-back automation

• SMS and email nurture sequences

• Real estate pipeline and CRM management

• Lead capture landing pages

• MLS listing integrations via SPARK API

• Automated review request workflows

• Monthly performance reporting

• Salesforce CRM implementation services (where applicable)

YourCloudAgent operates as a licensed reseller of GoHighLevel (GHL) software and other third-party platforms. We build and manage your system on your behalf. You acknowledge that our services are powered by third-party software providers whose own terms and conditions also apply.

3. Account Registration & Eligibility

To use our services, you must:

• Be at least 18 years of age

• Be a licensed real estate broker, agent, or authorized real estate professional in the state of New York, or otherwise represent a lawful real estate business

• Provide accurate, current, and complete information during registration

• Maintain the security of your account credentials

• Promptly notify us of any unauthorized use of your account

You are responsible for all activity that occurs under your account. YourCloudAgent reserves the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscription, Billing & Cancellation

4.1 Subscription Plans

YourCloudAgent services are offered on a monthly subscription basis. Pricing is as stated on our website at the time of enrollment. We reserve the right to modify pricing with 30 days' written notice to active subscribers.

4.2 Billing

Subscriptions are billed monthly on the date of initial payment via Stripe. By providing payment information, you authorize YourCloudAgent to charge the applicable fees to your payment method on a recurring basis until cancellation.

Additional usage fees (including but not limited to SMS, email, and phone number costs) may apply and will be itemized separately. These fees are passed through from our underlying platform providers.

4.3 Cancellation

You may cancel your subscription at any time by providing written notice to [email protected]. Cancellation takes effect at the end of the current billing cycle. There are no long-term contracts or early termination fees. Refunds are not provided for partial months of service already rendered.

4.4 Service Guarantee

YourCloudAgent offers a 30-day new-client service guarantee. If your system does not capture at least one automated lead within the first 30 days of your system going live, you may request a full refund of your first month's subscription. This guarantee applies to new clients only and is subject to proper system setup and configuration.

5. Acceptable Use Policy

You agree to use YourCloudAgent services only for lawful purposes and in accordance with these Terms. You agree not to:

• Send unsolicited commercial messages or spam

• Use the platform to contact individuals who have not consented to receive communications from you

• Violate any applicable federal, state, or local law or regulation

• Transmit any content that is unlawful, defamatory, harassing, or fraudulent

• Attempt to gain unauthorized access to any portion of our systems

• Use our services in any way that could damage our reputation or the reputation of our platform providers

• Resell, sublicense, or redistribute our services without written authorization

Violation of this policy may result in immediate suspension or termination of your account without refund.

6. SMS & Telecommunications Compliance

YourCloudAgent provides automated SMS and communication tools subject to the following compliance requirements:

6.1 TCPA Compliance

All SMS communications sent through your YourCloudAgent system must comply with the Telephone Consumer Protection Act (TCPA). You are solely responsible for ensuring that:

• You have obtained prior express written consent from all contacts before sending automated SMS messages

• All messages include a clear opt-out mechanism ("Reply STOP to unsubscribe")

• Opt-out requests are honored immediately and no further messages are sent after a contact opts out

• Messages are not sent before 8:00 AM or after 9:00 PM in the recipient's local time zone

6.2 A2P 10DLC Registration

Commercial SMS messaging in the United States requires A2P 10DLC (Application-to-Person, 10-Digit Long Code) brand and campaign registration. YourCloudAgent will assist with this registration process, but you are responsible for providing accurate business information and ensuring compliance with carrier requirements.

6.3 NY Real Estate Disclosure Requirements

All digital communications, landing pages, and marketing materials created through YourCloudAgent must comply with New York Department of State (NYDOS) requirements for real estate advertising, including display of your full licensed name, license number, and brokerage name as required by law.

By using our SMS features, you accept full legal responsibility for compliance with all applicable telecommunications laws. YourCloudAgent is not responsible for fines, penalties, or legal actions arising from your non-compliant use of messaging features.

7. Intellectual Property

YourCloudAgent and its licensors retain all intellectual property rights in the platform, software, templates, workflows, designs, and documentation we provide. These Terms do not grant you any ownership rights in our systems or underlying software.

You retain ownership of your own content, data, contact lists, branding materials, and intellectual property that you provide or upload to the platform. By providing such content, you grant YourCloudAgent a limited, non-exclusive license to use it solely for the purpose of delivering our services to you.

The "YourCloudAgent" name, logo, and associated marks are trademarks of YourCloudAgent LLC. You may not use our trademarks without our prior written consent.

8. Data Ownership & Client Data

Your contact data belongs to you. YourCloudAgent does not claim ownership of any contact records, lead data, or customer information processed through your account.

Upon cancellation of your subscription, YourCloudAgent will provide you with a full export of your contact data in CSV format within 48 hours of your final billing date. After 60 days following account termination, your data may be permanently deleted from our systems.

YourCloudAgent will not sell, share, or use your contact data for any purpose other than providing the services described in these Terms. For complete information on how we handle data, please review our Privacy Policy and Data Processing Agreement.

9. Disclaimers & Limitation of Liability

9.1 No Guarantee of Results

YourCloudAgent makes no guarantee of specific results, leads generated, revenue earned, or business outcomes. Real estate market conditions, individual broker performance, and factors outside our control affect the results you may experience.

9.2 Service Availability

We strive for high availability but do not guarantee uninterrupted service. YourCloudAgent is not liable for service outages, delays, or interruptions caused by third-party providers, internet connectivity issues, or circumstances beyond our control.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOURCLOUDAGENT'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO YOURCLOUDAGENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

YOURCLOUDAGENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless YourCloudAgent LLC, its members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services in violation of these Terms

• Your violation of any applicable law or regulation, including TCPA and real estate advertising laws

• Your infringement of any third-party intellectual property rights

• Any content or communications you send through our platform

11. Termination

Either party may terminate the service relationship at any time. You may cancel per Section 4.3. YourCloudAgent may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy

• You fail to pay applicable fees after notice

• We are required to do so by law or court order

• We determine that your use creates legal or reputational risk

Upon termination, your access to the platform will cease and we will process any applicable data export per Section 8.

12. Governing Law & Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in New York County, New York, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration against YourCloudAgent.

13. Changes to These Terms

YourCloudAgent reserves the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email to your registered address or by posting a notice on our website. Your continued use of our services after the effective date of changes constitutes acceptance of the revised Terms.