Terms of Service

Last Updated: May 31, 2026

RealtyWyze ("we," "us," "our," "Company," or "Service") is operated by KMA Auto Inc, a California corporation. These Terms of Service ("Agreement") govern your access to and use of the RealtyWyze platform and related services (the "Service").

By creating an account or using the Service, you accept these terms. If you do not agree, do not use the Service.

1. Service Description

RealtyWyze is a customer relationship management (CRM) platform designed for independent real estate agents and small brokerages. The Service provides tools for managing leads, contacts, listings, communications, and scheduling.

2. Subscription Plans & Pricing

2.1 Trial Period

New users receive 30 days of free access to all features ("Trial Period") with no credit card required. After the Trial Period ends, you must select a plan or your account will transition to the Free Plan.

2.2 Pricing Tiers

• Free Plan: $0/month. Basic CRM features only (up to 200 contacts, no SMS, no website, no AI features, no voice agent).
• Growth Plan: $150/month. Includes SMS, AI tools (listing descriptions, lead summaries), pricing intelligence, and unlimited contacts. No voice agent.
• Pro Plan: $350/month. Includes everything in Growth plus the AI voice agent.

2.3 Billing & Payment

• Monthly billing renews on the same date each month unless cancelled
• Payments processed via Stripe. We do not store your full credit card details
• Failed payments after 7 days may result in account suspension
• Refunds are not provided for partial months; no pro-rata refunds on cancellation
• Prices subject to change with 30 days notice. Changes take effect at next renewal

3. Account Registration & Eligibility

3.1 Account Requirements

• You must be a real estate professional (licensed agent or broker) or broker employee
• You must be 18+ years old
• You agree to provide accurate, current contact and business information
• You are responsible for maintaining confidentiality of your login credentials

3.2 License Verification

RealtyWyze is intended for licensed real estate professionals. While we do not currently require license verification at signup, misrepresentation of your professional status may result in account suspension.

4. Acceptable Use Policy

You agree NOT to:

• Use the Service for spam, fraud, phishing, harassment, or illegal activity
• Violate any local, state, or federal law, including real estate licensing laws
• Send unsolicited marketing SMS or emails without consent (TCPA violations)
• Share your login credentials with others (except authorized team members)
• Reverse-engineer, scrape data, or circumvent security measures
• Send malware, viruses, or malicious content through the platform
• Violate MLS rules, IDX terms, or display rules of any MLS you use

5. TCPA & SMS Compliance (Real Estate)

5.1 TCPA Requirements

You must comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and FCC regulations. For real estate, this includes:

• Obtain prior express written consent (PEWC) before sending marketing SMS to buyers, sellers, or prospects
• Maintain records of all consent (dates, method, context)
• Include "Reply STOP to unsubscribe" in every marketing SMS
• Honor opt-out requests within 10 business days
• Do not send SMS before 8am or after 9pm in recipient's time zone
• Include sender identification (your name or agency name) in every SMS

5.2 Transactional vs. Marketing SMS

Transactional messages (showing property details, appointment confirmations, contract updates) may be sent without prior consent. All other SMS are marketing messages and require PEWC.

5.3 Responsibility for Compliance

You, as the licensed real estate professional, are the "sender" of all SMS. You are solely responsible for TCPA compliance. KMA Auto Inc is a service provider and is not liable for your SMS practices. You agree to indemnify and hold harmless KMA Auto Inc from any TCPA claims, fines, or damages arising from your use of SMS features.

6. Call Recording & Consent

6.1 AI Voice Agent Calls

When your account includes the AI voice agent, inbound calls are answered by an AI agent that may be recorded for quality assurance, training, and dispute resolution.

6.2 Two-Party Consent States

In states requiring all-party consent for recording (California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, Vermont, Washington), you must:

• Disclose that calls will be recorded by an AI agent
• Obtain verbal consent before the call is recorded
• If caller does not consent, do not record

6.3 Single Consent States

In other states, you may record calls with one-party consent (your own consent is sufficient). However, best practice is to inform callers that calls are monitored or recorded.

RealtyWyze is not responsible for your compliance with state recording laws. You must ensure legal compliance with all applicable state and federal recording regulations.

7. MLS & IDX Compliance

If you use RealtyWyze to display, manage, or syndicate listings from any MLS:

• You must comply with all MLS rules, IDX terms, and display rules
• You must not violate copyright or intellectual property rights of listing data or photos
• You are responsible for ensuring listings are accurate and current
• RealtyWyze does not verify MLS compliance; you bear all liability

RealtyWyze does not endorse or warrant MLS compliance of listings displayed through our platform.

8. Data Ownership & AI Features

8.1 Your Data

You retain all rights to contact data, notes, documents, and listings you upload ("Your Data"). You grant RealtyWyze a limited license to access and process Your Data solely to provide the Service.

8.2 AI-Generated Content

When you use AI features (listing descriptions, lead summaries, voice agent responses), RealtyWyze processes Your Data through third-party AI services (Anthropic, Groq, Retell). Your data may be processed by these vendors' systems. All generated output is yours to use.

8.3 Anonymized Data

RealtyWyze may use anonymized, aggregated usage data to improve the Service. This data cannot identify you or your contacts.

9. Document Storage Disclaimer

RealtyWyze is NOT a system of record. The document upload feature is a convenience tool only. You must not rely on RealtyWyze as your sole repository for documents with legal or regulatory significance, including:

• Purchase agreements, sales contracts
• Closing disclosures, forms (1003, etc.)
• Earnest money receipts or trust account records
• Property disclosures or inspection reports
• Signed consent forms or opt-in records

You must maintain independent copies of all compliance-critical documents through appropriate, compliant systems. RealtyWyze disclaims liability for loss, deletion, or corruption of stored documents. Deleted documents cannot be recovered.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• RealtyWyze is provided "AS IS" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages (lost commissions, lost leads, business interruption, etc.)
• Our total liability for any claim is limited to the amount you paid in the 12 months prior to the claim
• We are not liable for data loss, deletion, or service downtime beyond our reasonable control

11. Indemnification

You agree to indemnify, defend, and hold harmless RealtyWyze, KMA Auto Inc, and their officers, employees, and agents from any claims, damages, or costs (including attorney fees) arising from:

• Your use of the Service or breach of these Terms
• Your violation of TCPA, recording laws, MLS rules, or real estate regulations
• Your misrepresentation of your professional status or qualifications
• Your handling of contact data or documents in violation of privacy laws

12. Termination

12.1 By You

You may cancel your subscription at any time. Your account will be downgraded to the Free Plan at the end of your current billing period. Data is retained for 90 days after cancellation, then hard-deleted.

12.2 By RealtyWyze

We may suspend or terminate your account without prior notice if you:

• Violate this Agreement or the Acceptable Use Policy
• Violate TCPA, recording laws, or other regulations
• Fail to pay after 7 days notice
• Pose a legal or reputational risk to RealtyWyze

13. Dispute Resolution & Arbitration

Any disputes arising from these Terms or the Service shall be resolved by binding arbitration in California, under the American Arbitration Association (AAA) Commercial Arbitration Rules. Each party bears its own attorney fees unless the arbitrator awards fees. Class actions are waived.

14. Disclaimers

RealtyWyze DOES NOT:

• Provide legal, financial, tax, or real estate licensing advice
• Guarantee lead quality, conversion rates, or commission outcomes
• Verify the legality of your use of the Service or regulatory compliance
• Accept liability for third-party integrations (Google Calendar, Stripe, etc.)
• Warrant uninterrupted or error-free service

15. Contact & Legal Notices

For questions, disputes, or notices:

• Support Email: support@realtywyze.us
• Legal Notices: legal@realtywyze.us
• TCPA/Compliance Concerns: compliance@realtywyze.us
• DMCA / Copyright: dmca@realtywyze.us

Mailing Address (Legal Agent): Legal Department, KMA Auto Inc, [Your Business Address]

These Terms were last updated May 2026. Continued use of RealtyWyze after any updates constitutes acceptance of the modified Terms.