Terms of Service

1. Introduction

Welcome to OpenAgent. By accessing or using our platform, you agree to comply with and be bound by these Terms of Service. Please read them carefully. These Terms of Service govern your use of our website, applications, and services. By accessing our platform, you acknowledge and agree to adhere to these terms, which may be updated from time to time to accommodate new features, changes in law, or other circumstances. These terms are intended to protect both the users and OpenAgent while ensuring a positive and fair experience for all.

2. Use of the Platform

OpenAgent offers tools for renters to find and prequalify rental properties in Florida. You agree to use our services only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use of the platform. You agree not to engage in any activities that could harm the platform or interfere with other users' experience. Any unauthorized access, modification, or reverse engineering of our services is strictly prohibited. You may not use our platform for illegal activities, including but not limited to, fraud, misrepresentation, or violation of any applicable laws. You agree that you will not use automated systems or software to extract data from our platform, except for tools explicitly provided or approved by OpenAgent.

3. Account Registration

To use certain features of our platform, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and are liable for all activities conducted under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete. If you suspect any unauthorized use of your account, you must notify us immediately. We reserve the right to suspend or terminate your account if we have reason to believe it has been compromised or used inappropriately. You must be at least 18 years old to create an account, and by registering, you confirm that you are legally capable of entering into binding contracts.

4. User Responsibilities and Representations

You represent that all information you provide is true, accurate, current, and complete. You are responsible for ensuring that your use of our platform complies with all applicable local, state, and federal laws. You agree not to use the platform for any fraudulent or malicious activities. You are also responsible for your interactions with other users or third parties that you may come into contact with while using our platform. OpenAgent is not responsible for any disputes between users or between users and third parties.

5. Disclaimer

OpenAgent provides property search and prequalification tools, but we do not facilitate legal contracts or paperwork related to rental agreements. We do not guarantee the availability or accuracy of listings on our platform. The information on the platform is provided by third parties, and while we strive to ensure accuracy, we cannot guarantee that all listings are error-free, up-to-date, or complete. Users are encouraged to verify property details and qualifications directly with listing agents or property owners. OpenAgent is not a licensed real estate broker and does not offer brokerage services. All property-related decisions are the sole responsibility of the user, and OpenAgent will not be liable for any outcomes related to decisions made based on the information provided on the platform.

6. Limitation of Liability

OpenAgent is not liable for any direct, indirect, incidental, or consequential damages resulting from your use of our platform. This includes, but is not limited to, errors in property listings, miscommunication with listing agents, or any transaction you undertake based on information provided on our platform. You acknowledge that real estate transactions carry inherent risks, and you assume full responsibility for your decisions. We disclaim any liability for the actions, representations, or omissions of any third parties, including listing agents, property owners, or other users of the platform. In no event shall OpenAgent's aggregate liability exceed the amount you paid, if any, to use the platform.

7. Handling Legal Documents

If you upload any legal documents or sensitive information to our platform, you acknowledge that these documents are stored securely but at your own risk. OpenAgent is not responsible for any unauthorized access or misuse of uploaded documents. We use industry-standard security measures to protect your data, including encryption and secure storage protocols, but cannot guarantee that unauthorized third parties will never be able to overcome those measures. You are encouraged to take appropriate steps to safeguard your own information, such as using strong passwords and limiting the information you share. OpenAgent may retain copies of documents uploaded to the platform for compliance purposes, in accordance with applicable state and federal regulations.

8. User Conduct

You agree to use the platform responsibly and not to post, transmit, or share content that is illegal, offensive, harmful, or infringes on the rights of others. You may not use the platform to harass, intimidate, or engage in any other behavior that could be considered abusive or discriminatory. We reserve the right to remove any content that violates these terms or is deemed inappropriate at our discretion. We may also report any illegal activity to the appropriate authorities. You agree not to circumvent, disable, or otherwise interfere with security features of the platform, and you may not use the platform to promote commercial endeavors not approved by OpenAgent.

9. Payments and Fees

Some features of OpenAgent may be subject to fees. By using those features, you agree to pay the fees specified on the platform. All payments are non-refundable unless otherwise specified by OpenAgent. We may use third-party payment processors, and by submitting payment information, you authorize us to charge the specified fees to your chosen payment method. You are responsible for all applicable taxes arising from your use of the platform.

10. Third-Party Services

Our platform may contain links to third-party websites or services that are not owned or controlled by OpenAgent. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OpenAgent shall not be responsible or liable for any damages or losses caused by your use of any third-party websites or services.

11. Termination

We reserve the right to suspend or terminate your access to our platform at any time, with or without notice, if we believe you have breached these Terms of Service. Upon termination, your right to use the platform will cease immediately. We also reserve the right to terminate or modify any aspect of the platform at any time, including discontinuing certain features or services. You agree that OpenAgent will not be liable to you or any third party for any suspension or termination of your account or access to the platform. Any fees paid prior to termination are non-refundable, and any obligations you owe to OpenAgent will survive termination.

12. Intellectual Property

All content on the platform, including but not limited to text, graphics, logos, images, and software, is the property of OpenAgent or its content suppliers and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of our platform without express written permission from OpenAgent. Unauthorized use of our intellectual property may result in legal action. You may not use any trademark, logo, or other proprietary information of OpenAgent without our prior written consent.

13. Indemnification

You agree to indemnify, defend, and hold harmless OpenAgent, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the platform, your violation of these Terms of Service, or your infringement of any third-party rights.

14. Changes to the Terms

We may update these Terms of Service occasionally. Your continued use of the platform after any changes signifies your acceptance of the new terms. It is your responsibility to review the Terms of Service regularly. Significant changes will be communicated through notifications on the platform or via email. If you do not agree to the new terms, you must stop using the platform.

15. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the state of Florida. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Florida. You agree to comply with all local laws regarding the use of our platform, including regulations pertaining to online conduct and content.

16. Arbitration

In the event of any dispute arising out of or relating to these Terms of Service, the parties agree to first attempt to resolve the dispute informally. If the dispute cannot be resolved, it shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration will take place in the state of Florida, and the arbitration award may be enforced by any court of competent jurisdiction.

17. Waiver and Severability

No waiver by OpenAgent of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

18. Contact

If you have questions about these terms, please contact us at support@openagent.com.

Privacy Policy

1. Introduction

OpenAgent is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our platform, you consent to the collection and use of your information in accordance with this policy. We take your privacy seriously and ensure that your information is handled in compliance with all applicable privacy laws, including those specific to the state of Florida.

2. Information We Collect

We collect information you provide directly to us, such as when you register for an account, contact customer support, or use our platform. This may include your name, email address, property preferences, and any documents you choose to upload. We also collect information automatically when you use our services, including device information, IP addresses, and usage data. This information helps us to provide a better experience, identify and prevent fraudulent activities, and improve our services.

3. How We Use Your Information

The information we collect is used to provide, maintain, and improve our services, communicate with you, and personalize your experience on our platform. We do not sell your information to third parties. We may use your information to send you notifications, updates, or promotional offers related to our services. You may opt out of receiving marketing communications at any time by following the instructions provided in those communications or by contacting us directly.

4. Sharing of Information

We may share your information with trusted partners who assist us in operating our platform, as long as they agree to keep your information confidential. We may also share information if required by law or to comply with legal processes, including those specific to the state of Florida. In the event of a merger, acquisition, or sale of all or part of our assets, your information may be transferred to the new owner. We will notify you of any such transfer and provide you with options regarding your information.

5. Handling Legal Documents

Any legal documents or sensitive information you upload are stored using industry-standard security measures. However, you acknowledge that no transmission or storage method is completely secure, and you upload documents at your own risk. We recommend that you take steps to protect your sensitive information, such as encrypting files before uploading them and limiting access to your account.

6. Security

We take appropriate measures to protect your personal information from unauthorized access, disclosure, or misuse. These measures include encryption, firewalls, and secure server environments. However, please note that no