Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Joseph Sardella, licensed real estate agent (DRE# 02106916), operating as JPS & Company LLC through eXp Realty of Southern California ("we," "us," or "our"), governing your access to and use of the websites at chatrealty.io and josephsardella.com (collectively, the "Platform"), including all features, content, tools, progressive web application (PWA), and related services.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated through a notice on the Platform or by email. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use the Platform. By using the Platform, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

4. Platform Services

The Platform provides the following services, subject to these Terms:

5. Agent and Professional Services

6. Subscription Plans and Payment

7. Intellectual Property

8. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Violate the Fair Housing Act or any fair housing laws, including discriminating on the basis of race, color, religion, national origin, sex, familial status, disability, or any other protected class.
• Scrape, crawl, or use automated means to access, collect, or extract data from the Platform, including listing data, without our prior written consent.
• Reproduce, redistribute, or commercially exploit MLS listing data or any other proprietary content from the Platform.
• Interfere with or disrupt the Platform, its servers, or networks connected to the Platform.
• Attempt to gain unauthorized access to any part of the Platform, other users' accounts, or any systems or networks connected to the Platform.
• Upload or transmit viruses, malware, or any malicious code.
• Use the Platform to send unsolicited communications (spam) or in violation of the TCPA, CAN-SPAM Act, or similar laws.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the AI chat or content generation features to generate harmful, abusive, defamatory, or illegal content.
• Circumvent, disable, or interfere with any security features of the Platform.
• Use the Platform in any manner that could overburden, damage, or impair the Platform's infrastructure.
• Create multiple accounts to evade subscription limits, bans, or usage restrictions.

9. Disclaimers

• We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• We do not warrant the accuracy, completeness, or reliability of any listing data, market statistics, CMA reports, property valuations, or AI-generated content available through the Platform.
• We are not responsible for the actions, omissions, or conduct of any real estate agent, buyer, seller, or other user of the Platform.
• We do not guarantee any specific results from the use of marketing campaign tools, including but not limited to lead generation, property sales, or advertising performance.
• Third-party services integrated with the Platform (including but not limited to Stripe, Twilio, Google, Meta, Thanks.io, Drop Cowboy, and AI providers) are provided subject to their own terms and conditions. We are not responsible for the availability, accuracy, or performance of these third-party services.
• Information provided about mortgage rates, economic indicators, and market forecasts is for informational purposes only and should not be construed as financial advice. Consult with a qualified financial professional before making financial decisions.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Joseph Sardella, JPS & Company LLC, eXp Realty of Southern California, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) your user-generated content; or (e) your use of marketing campaign tools in a manner that violates applicable laws, including the TCPA, CAN-SPAM Act, or fair housing laws.

12. Dispute Resolution

13. Electronic Communications and Consent

By creating an account or using the Platform, you consent to receive electronic communications from us, including emails, SMS messages, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Standard messaging and data rates from your mobile carrier may apply to SMS communications. You may opt out of non-essential communications as described in our Privacy Policy.

14. Digital Advertising and Retargeting

The Platform uses tracking technologies including the Meta Pixel and Google Ads tags to deliver targeted advertising based on your interactions with the Platform. By using the Platform, you acknowledge that your browsing behavior may be used to create audience segments for retargeting purposes on third-party platforms including Google Search, Google Display Network, Facebook, and Instagram. You may opt out of personalized advertising through the advertising platform settings described in our Privacy Policy.

15. Direct Mail and Physical Communications

If you provide a mailing address through the Platform, you may receive physical mail including postcards, letters, or notecards related to real estate services, market updates, or promotional offers. Direct mail services are fulfilled by third-party providers. You may opt out of direct mail by contacting us at help@josephsardella.com.

16. Real Estate Representation Agreements

The Platform facilitates the execution of buyer and seller representation agreements between you and licensed real estate agents. These agreements are legally binding contracts separate from these Terms. By electronically signing a representation agreement through the Platform, you acknowledge that: (a) you have read and understand the terms of the agreement; (b) your electronic signature has the same legal effect as a handwritten signature; and (c) your IP address and device information are recorded at the time of signing for verification purposes. Representation agreements may have defined terms, renewal provisions, and cancellation procedures as specified in the agreement itself.

17. Third-Party Services and Links

The Platform integrates with and contains links to third-party services, websites, and applications. These include but are not limited to Google Maps, Stripe, Twilio, Cloudinary, Meta, and various AI providers. Your use of these third-party services is subject to their respective terms of service and privacy policies. We do not control, endorse, or assume responsibility for any third-party services, and your interactions with third-party services are at your own risk.

18. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us (including representation agreements and subscription agreements), constitute the entire agreement between you and us regarding your use of the Platform. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Platform.