TERMS OF SERVICE

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY NAVIGATING ACROSS THE WEBSITE THAT REFERENCES THESE TERMS (“SITE”), YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE THIS WEBSITE.

You may not access this Site or App if you are our direct competitor, except with our prior written consent. In addition, you may not access this Site or App for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Effective Date August 25, 2021

1. Definitions.

1.1 “App” means the GlengarryAI mobile application which can be downloaded via the Apple or Google app store, which provides GlengarryAI’s Services.

1.2 “Content” means any information, data, images, videos, photos, data, text, listings interactive media, profile data, contact particulars, or other property listing information or related information which a Subscriber uploads into the Service via the App or Site.

1.3 “GlengarryAI,” “We,” “Us” or “Our” means GlengarryAI, a company operating under the laws of California, including any affiliated companies, providing Services to you, as applicable.

1.4 “Service” means the Site or App, any and all content, software, data, information and materials contained therein, and all transactions completed thereon.

1.5 “Subscribers” means individuals who have signed up for, and created an account in, the Services provided by the Site or the App.

1.6 “Third Party Content” means certain third party reviews, content, tools, features, materials, websites, services or advertisements which GlengarryAI makes available on or through this Service, or to which we link on the Site or App.

2. Binding Agreement.

2.1 All other terms and conditions on this Site that govern particular features of the Site (the “Additional Terms”) are incorporated into the Terms by this reference. The Terms and any Additional Terms (collectively, the “Agreement”) sets forth the terms and conditions which govern your access to and use of the Site or App. The Agreement sets forth the entire, final and exclusive agreement between GlengarryAI and you with respect to your use of, and access to, the Service, and supersedes all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Service. This Agreement is effective between you and GlengarryAI as of the date of your acceptance of this Agreement.

2.2 By using the Service, you agree to transact electronically through the Site or App. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

2.3 By providing your telephone number, you are providing express written consent to receive communications from GlengarryAI (including its affiliates, agents, service providers, and affiliates for the purposes of defined above), for any purpose, including but not limited to marketing various services from both GlengarryAI and companies GlengarryAI has joint marketing agreements with. Additionally, you agree to receive communications from GlengarryAI regarding any service, and any information you may have obtained via your use of a website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that GlengarryAI is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2.4 The Service may provide web forms, links, or contact information, including phone numbers, that can connect you with other Subscribers, such as real estate agents or other real estate professionals. Communications through these methods may be routed through a third-party service (“Communications Service”). GlengarryAI may use, on its own or through the Communications Service, track phone calls and text messages between Subscribers so that GlengarryAI can access certain details about the contact. As part of this process, GlengarryAI and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by GlengarryAI and the Communications Service.

3. Proprietary Rights.

3.1 As between GlengarryAI and you, and subject to your right, title and interest in data you submit through this Service or otherwise provide or submit to GlengarryAI, GlengarryAI owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, GlengarryAI reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of GlengarryAI and to comply with all reasonable written requests made by GlengarryAI or its third party licensors to protect their and others' rights in the Site and materials and content made available on or through the Service.

3.2 Our trademarks and service marks are the property of GlengarryAI. GlengarryAI’s trademarks and trade dress may not be used in any form without the prior written consent of GlengarryAI, and any use shall be subject to GlengarryAI’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by GlengarryAI that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GlengarryAI.

4. Terms Applicable to the Service

4.1 Generally.

4.1.1 The Service allows Subscribers to find and share potential real estate opportunities, connects Subscribers to initiate discussions regarding those opportunities and provides a platform for Subscribers to initiate real estate transactions. We provide lots of information about our products and how to use them in our Help Center.

4.1.2 In order to allow you to use the Services, you will need to sign up for an account. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address, ordering a credit report if you choose to take advantage of those product offerings, or verifying information you provide against third party databases or through other sources, including your mobile device and/or device operating environment. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.

4.1.3 You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize GlengarryAI to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

4.1.4 Subscribers can change or update their subscription at any time. You may also cancel your subscription at any time. Subscribers may make such changes by writing to customer service on help@GlengarryAI.ai or using the App or the Help Center on the Site.

4.1.5 Not all Services are free. Prior to the purchase of a premium subscription service, Subscribers must provide a valid credit card number and associated payment information, including all of the following: (i) the name as it appears on the credit card; (ii) the credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge the credit card.

4.2 Methods of Payment, Credit Card Terms and Taxes.

4.2.1 By submitting your credit card information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

4.2.2 FOR PREMIUM SUBSCRIPTIONS, YOU HEREBY AGREE THAT YOU AUTHORIZE GLENGARRYAI TO CHARGE YOUR CARD ONCE A MONTH UNTIL YOUR SUBSCRIPTION IS TERMINATED. For each premium subscription, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.

4.2.3 We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

4.2.4 All payments must be made by Visa, MasterCard, Discover, or American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality on the Site. You agree that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GlengarryAI of any discrepancies within forty-five (45) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If GlengarryAI does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GlengarryAI or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including sales, use or value-added taxes.

4.3 Termination

4.3.1 You can cancel your subscription Via the App or Site; or Send an email to help@GlengarryAI.ai. In the email, you must write that you wish to cancel your subscription and from which date the termination should take effect. Remember to enter your full name, email address you signed up with and your phone number and we will take care of the rest.

4.3.2 We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with GlengarryAI for any reason. Sections 3 (Proprietary Rights), 7 (User Generated Content), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 12 (Governing Law), 14 (Arbitration; Venue), and 16 (Miscellaneous) shall survive any termination or expiration of this Agreement.

5. Restrictions on Use.

5.1 Except as otherwise expressly provided in these Terms, or on the App or Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any feedback generated through the Site or App, or any portion thereof from or linked to the Service, except with the express written consent of GlengarryAI or its third party licensors.

5.2 You agree not to:

(a) Use or access the Site or App for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights;

(b) Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by the Services;

(c) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;

(d) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GlengarryAI without express written consent;

(e) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of GlengarryAI or any of our third party licensors without the express written consent of GlengarryAI;

(f) Use or access the Site or App in a manner that could damage, disable, overburden, or impair any GlengarryAI server or the networks connected to any GlengarryAI server;

(g) Interfere with any third party’s use and enjoyment of the Service;

(h) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any GlengarryAI server through hacking, password mining, or any other means;

(i) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or

(j) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.

6. Your Responsibilities.

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Service; and (iii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site; and (iv) have all necessary rights to use your Accounts with the Service, including having the right to purchase, sell, or negotiate on behalf of the individual with a right to purchase or sell, a listed property. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify GlengarryAI in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.

6.1 You agree that GlengarryAI is not responsible for, and does not endorse, Content posted by Subscribers or other Third Parties on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and GlengarryAI, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with GlengarryAI is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place GlengarryAI in a position that is any different from the position held by members of the general public, including with regard to your Content. GlengarryAI will not be liable for any use or disclosure of any Content you publish on the Site or App.

6.2 The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. GlengarryAI will maintain the accessibility of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content.

7. User Generated Content

7.1 Uploading Content

7.1.1 If you have an Account you may be able to upload Content to the Service, such as images, photos, video, data, text, listings and other content. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from third-party owner, or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect abuse, such as spam, malware, and viruses. However, as a matter of policy, GlengarryAI does not independently verify, prescreen, or monitor any such Content provided to the Service by Subscribers.

7.1.2 You represent and warrant that any Content you upload to the Service is accurate and up-to-date. Should any Content no longer be valid or accurate, you shall remove such Content from the Service. You agree that GlengarryAI shall have no liability of any kind to any person for any Content you upload to the Service.

7.2 Rights you Grant

7.2.1 You retain ownership rights in your Content. However, we do require you to grant certain rights to GlengarryAI and other users of the Service, as described below.

7.3 License to GlengarryAI

7.3.1 By providing Content to the Service, you grant to GlengarryAI a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and GlengarryAI’s (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.

7.4 License to Other Users

7.4.1 You also grant each other Subscriber of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds) and only where such use will inure to your benefit. For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

7.5 Duration of License

7.5.1 The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that GlengarryAI may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

7.6 Removing Your Content

7.6.1 You may remove your content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

7.7 Removal of Content By GlengarryAI

7.7.1 If we reasonably believe that any Content is in breach of this Agreement or may cause harm to GlengarryAI, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GlengarryAI or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GlengarryAI or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.

7.8 Copyright Issues

7.8.1 We provide information to help copyright holders manage their intellectual property online via our help email address. If you believe your copyright has been infringed on the Service, please send us a notice.

7.8.2 We respond to notices of alleged copyright infringement according to the process in our GlengarryAI Copyright Center, where you can also find information about how to resolve a copyright strike. GlengarryAI’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

7.9 You agree that GlengarryAI is not responsible for, and does not endorse, Content posted by Subscribers on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and GlengarryAI, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with GlengarryAIis not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place GlengarryAI in a position that is any different from the position held by members of the general public, including with regard to your Content. GlengarryAI will not be liable for any use or disclosure of any Content you publish on the Site or App.

7.10 The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. GlengarryAI will maintain the accessibility of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content.

8. Links And Third Party Information.

8.1 Third Party Content, which is Content not provided by Subscribers, is not maintained or controlled by GlengarryAI, and as a matter of policy, GlengarryAI does not independently verify, prescreen or monitor any such Third Party Content. While we believe the Third Party Content is from reliable third party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. GlengarryAI does not make any endorsement, express or implied, of any Third Party Content.

8.2 Certain Third Party Content is subject to additional specific terms and conditions which can be found in Additional Terms and in applicable areas of the Site and websites linked to this Site. You acknowledge and agree that your use of such Third Party Content is subject to all these terms.

8.3 Service features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Service. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.

9. Disclaimers and Limits of Liability.

9.1 THE SERVICE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9.2 GLENGARRYAI SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, APP OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.

10. Indemnification.

You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of this Agreement, or the data or information you submit through the Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.

11. Changes to Agreement.

GlengarryAI reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site or via the App. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Site after the Agreement has changed will be treated as your acceptance of the updated Agreement.

12. Governing Law.

This Agreement shall be governed by the laws of the State of California, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

13. Injunctive Relief.

You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to GlengarryAI or its licensors that may not be adequately compensable in money damages, and for which GlengarryAI will have no adequate remedy at law. You, therefore, consent and agree that GlengarryAI may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

14. Arbitration; Venue

14.1 Any controversy or claim arising out of, or relating to, these Terms of Use, or breach thereof, shall be settled by binding arbitration in accordance with the governing law as determined by these Terms of Use, the Federal Arbitration Act (insofar as it governs the arbitrability of such controversy or claim), and the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association in Los Angeles County, California. Three qualified arbitrators shall be appointed in accordance with the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association and these Terms of Use. Such qualified arbitrators shall be members of the California bar and shall have at least five years of experience in the law relevant to the dispute in question. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. A stenographer shall be present at the arbitration proceedings and the stenographic record shall be the official record of the proceeding. The arbitrators shall provide written findings of fact and conclusions of law in justification of any arbitration award. The Company shall have the right of appeal of any decision by the arbitrators by filing a request for reconsideration of any arbitration decision with the American Arbitration Association. Upon receiving such a request, the American Arbitration Association shall reconsider the matter de novo using the foregoing procedures. Should the arbitration award be inconsistent with the governing law as specified by these Terms of Use, the Company may immediately appeal the arbitration award to any court of competent jurisdiction over the Company. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction over the parties, unless a subsequent request for reconsideration has been filed by the Company under this Section, or the award has been appealed to a court of competent jurisdiction under this Section.

14.2 The parties waive any right to bring representative claims on behalf of a className of individuals, on behalf of the public, as a private attorney general, or otherwise (the “className action waiver”). Except for this className action waiver, this clause may be severed or modified if necessary to render it enforceable under the Federal Arbitration Act.

14.3 Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, and allowed pursuant to this Section, shall be instituted exclusively in the federal courts of the United States in Los Angeles County, California or the courts of California located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Miscellaneous

16.1 We may assign our rights and obligations under this Agreement, without notice, to: (a) any affiliate of GlengarryAI; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of GlengarryAI or any affiliate of GlengarryAI. This Agreement may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

16.2 Questions or Complaints

16.2.1 We always want to hear from you if there is something you are unhappy with or that you think we can do better. We can be contacted at help@GlengarryAI.ai or by phone at (800) 555-1212 on weekdays. The opening hours of our customer service can be found on the Site or in the App under “Contact”.