Terms of Service & Refund Policy

Please read these Terms of Service ("Terms") carefully before using DwellScript. These Terms constitute a legally binding agreement between you and DwellScript ("Company," "we," "us," or "our") governing your access to and use of the DwellScript platform and all related services (collectively, the "Service").

1. Acceptance of Terms

By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Your acceptance of these Terms is made electronically and is legally valid and enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq. We record the date, time, and version of the Terms you accepted; this record is conclusive evidence of your agreement.

If you do not agree to these Terms in their entirety, you must immediately cease using the Service and close your account.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract under applicable law;
• Be using the Service for lawful business or personal property-management purposes; and
• Not be prohibited from receiving services under applicable United States law or the laws of any other applicable jurisdiction.

By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. The Service is not directed to individuals under the age of 18, and we do not knowingly collect personal information from minors.

3. Description of Service

DwellScript is a software-as-a-service (SaaS) platform that uses artificial intelligence to assist independent landlords and property managers in generating rental listing copy, including long-term rental descriptions, short-term rental descriptions, social media posts, and listing headlines. The Service also offers optional features including vacancy gap analysis and persona-targeted listing copy (available on select subscription tiers).

The Service is provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

4. Account Registration & Security

To access the Service, you must register for an account using a valid email address. Authentication is performed via passwordless magic links or through a supported third-party OAuth provider (currently Google). You agree to:

• Provide accurate and complete registration information;
• Maintain the confidentiality of any access credentials and magic links associated with your account;
• Notify us immediately of any unauthorized access to or use of your account;
• Not share your account with any third party or allow multiple individuals to use the same account; and
• Be solely responsible for all activity that occurs under your account.

We reserve the right to disable any account at our sole discretion if we believe you have violated these Terms.

5. Subscriptions, Billing & Payment

5.1 Subscription Plans

The Service is offered under tiered subscription plans, including a free tier and paid tiers (currently "Starter" and "Pro"). Features, generation limits, and property limits vary by plan. Current pricing and plan details are available at the Billing page within the Service and may be updated from time to time.

5.2 Billing & Automatic Renewal

Paid subscriptions are billed on a recurring basis — either monthly or annually, depending on your selection — through our third-party payment processor, Stripe, Inc. By subscribing to a paid plan, you authorize us to charge the payment method on file at the then-current subscription rate at the start of each billing period. Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date.

5.3 Price Changes

We reserve the right to change subscription pricing at any time. We will provide you with at least thirty (30) days' advance notice of any price increase via the email address associated with your account. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

5.4 Taxes

You are responsible for all applicable taxes, duties, levies, or fees assessed by any governmental authority in connection with your subscription. Where required by law, we may collect and remit such taxes on your behalf.

5.5 Failed Payments

If a payment fails, we may attempt to recharge your payment method and may suspend or downgrade your account until payment is successfully collected. We will notify you by email of any failed payment.

6. No Refund Policy

By subscribing to a paid plan, you acknowledge and agree to this no-refund policy. If you are uncertain whether the Service meets your needs, we encourage you to use the free tier before subscribing to a paid plan.

Notwithstanding the foregoing, we may, at our sole and absolute discretion, issue a credit or refund in exceptional circumstances. The issuance of any such credit or refund in a particular instance does not obligate us to do so in any future instance.

7. Cancellation

You may cancel your subscription at any time through the Billing section of the Service or by contacting us at the address listed in Section 20. Upon cancellation:

• Your subscription will remain active through the end of your current paid billing period;
• You will not be charged for any subsequent billing periods; and
• No refund will be issued for any unused portion of the current billing period.

After your subscription ends, your account will revert to the free tier (subject to free-tier limitations) or be deactivated, as applicable.

8. AI-Generated Content & Limitations

DwellScript uses large language model (LLM) artificial intelligence technology to generate listing copy and related content. You acknowledge and agree that:

• AI-generated content may contain inaccuracies, errors, omissions, or outputs that are not suitable for your particular use case;
• You are solely responsible for reviewing, editing, and verifying all AI-generated content before publishing or distributing it;
• AI-generated content does not constitute legal, financial, real estate, or professional advice of any kind;
• We do not guarantee that AI-generated content will result in reduced vacancy rates, increased rental inquiries, or any particular business outcome; and
• You assume all risk associated with your use of AI-generated content.

9. Fair Housing Act Compliance Disclaimer

The Service incorporates automated filtering technology designed to detect and flag language that may be inconsistent with the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), which prohibits discrimination in the sale, rental, and financing of housing on the basis of race, color, national origin, religion, sex, familial status, and disability, among other protected characteristics under applicable federal, state, and local laws.

10. Acceptable Use

You agree not to use the Service to:

• Violate any applicable federal, state, or local law or regulation;
• Engage in discriminatory practices prohibited by the Fair Housing Act or any other applicable anti-discrimination law;
• Publish or distribute content that is false, misleading, defamatory, obscene, or fraudulent;
• Circumvent any subscription or usage limits imposed by the Service;
• Use automated means (bots, scripts, crawlers, or scrapers) to access, extract, or interact with the Service;
• Reverse engineer, decompile, or disassemble any portion of the Service;
• Resell, sublicense, or otherwise commercialize access to the Service without our express written consent; or
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.

We reserve the right to immediately suspend or terminate any account we determine, in our sole discretion, is engaged in prohibited conduct.

11. Intellectual Property

11.1 Your Content

You retain ownership of all property data, information, and other content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service.

11.2 AI-Generated Output

Subject to your compliance with these Terms and payment of applicable fees, we assign to you any rights we may hold in the AI-generated output produced by the Service using Your Content, to the maximum extent permitted by applicable law. You acknowledge that AI-generated outputs may not be protectable as original works of authorship under applicable copyright law, and you agree to evaluate the intellectual property status of any output independently.

11.3 Company IP

All software, algorithms, designs, trademarks, trade names, logos, and other proprietary materials comprising the Service remain the exclusive property of DwellScript and its licensors. Nothing in these Terms grants you any right to use our intellectual property except as expressly set forth herein.

12. Data, Privacy & Retention

12.1 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described therein.

12.2 Data Retention After Cancellation

Upon cancellation or termination of your account, we will retain your account data (including property information and generated listings) for a period of ninety (90) days following the effective date of cancellation or termination. After this retention period, your data will be permanently deleted from our systems, except where retention is required by applicable law or for the resolution of disputes.

12.3 Data Security

We implement industry-standard technical and organizational measures designed to protect your data against unauthorized access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

13. Suspension & Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent conduct, or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease, and we may delete your account and data subject to Section 12.2.

You may terminate your account at any time by cancelling your subscription and contacting us to request account deletion. Termination does not entitle you to any refund of fees paid.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DwellScript, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages; accordingly, some of the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless DwellScript and its members, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation, including any fair housing or anti-discrimination law; or (e) your infringement of any third-party right.

17. Dispute Resolution & Binding Arbitration

17.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact us at [email protected] and provide a written description of the dispute. We will attempt to resolve the dispute informally within thirty (30) days.

17.2 Binding Arbitration

If informal resolution fails, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — will be resolved by binding individual arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to the JAMS Streamlined Arbitration Rules and Procedures in effect at the time of the dispute, which are available at www.jamsadr.com. The arbitration will be conducted by telephone or videoconference, or at a mutually agreed location. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. This arbitration agreement is made pursuant to, and governed by, the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

17.3 Class Action Waiver

17.4 Exceptions

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, and either party may bring an action in small claims court for claims within that court's jurisdiction.

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first creating your account. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles. To the extent that any dispute is not subject to arbitration under Section 17, you consent to the exclusive personal jurisdiction of the state and federal courts located in Chesapeake, Virginia, and you waive any objection to the laying of venue of any such proceeding in such courts.

19. General Provisions

19.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where required by law or where we deem it appropriate, provide notice by email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. We will increment the Terms version number for each revision and may require existing users to affirmatively re-accept revised Terms before continuing to use the Service.

19.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of DwellScript.

19.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

19.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet service provider failures, or cyberattacks.

20. Contact Information

For questions regarding these Terms or to submit a notice pursuant to these Terms, please contact:

DwellScript
Email: [email protected]

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