This AgentOS Terms of Service Agreement (this "Agreement") is a binding contract between you, the user, and NSJ Technologies LLC, a North Carolina limited liability company doing business as AgentOS, with its principal office at 3030 Asbury Church Rd, Lincolnton, NC 28092 ("AgentOS," "we," "us," or "our"). This Agreement governs your access to and use of the AgentOS website, web application, mobile applications, and related services (collectively, the "Platform").
This Agreement becomes effective between you and AgentOS on the earlier of the date you click to accept it or the date you first access or use the Platform, including during any free trial, and it governs all of your access to and use of the Platform thereafter. By clicking to accept this Agreement, or by accessing or using the Platform, you acknowledge that you have read and understood this Agreement and you agree to be bound by it, by our Privacy Policy, and, if your organization stores personal information about its clients in the Platform, by our Data Processing Addendum (the "DPA"), each of which is incorporated into this Agreement by reference. You are bound by the version of this Agreement posted at www.getagentos.io/terms at the time of your access or use, subject to Section 20. If you do not agree to this Agreement, you are prohibited from accessing or using the Platform.
As used in this Agreement, "Applicable Laws" means any and all federal, state, and local laws, rules, regulations, ordinances, orders, and other legal requirements that apply to you, to AgentOS, or to your use of the Platform, including without limitation fair housing, real estate licensing, consumer protection, telemarketing, text messaging, anti-spam, privacy, and data protection laws.
1.1 You acknowledge and agree that the Platform is a business tool for real estate professionals and their staff, and that it is not offered to consumers for personal, family, or household use.
1.2 You represent, warrant, covenant, and agree that you are, and at all times while accessing or using the Platform will be, at least 18 years of age and either (a) the holder of a current, active, and in-good-standing real estate broker's license, agent's license, or other credential required under Applicable Laws to sell, show, or market real estate in each state in which you use the Platform; (b) a person exempt from such licensing under Applicable Laws; or (c) a person working under the direction and supervision of a person described in (a) or (b). If you do not satisfy this Section 1.2, you are prohibited from using the Platform. You covenant and agree to notify AgentOS promptly if you cease to satisfy it.
1.3 You represent and warrant that you are a lawful resident of the United States, or an organization organized under the laws of a state of the United States, and you acknowledge and agree that AgentOS offers the Platform only to persons and organizations located in the United States. AgentOS does not offer the Platform to, and does not intend to process personal data of, persons in the European Economic Area, the United Kingdom, or Switzerland. If you access the Platform from outside the United States, you do so on your own initiative, you are responsible for compliance with local law, and you acknowledge that your information will be processed in the United States.
1.4 If you access or use the Platform on behalf of a brokerage, team, or other organization, you represent and warrant that you have, and you covenant and agree that you will at all times while accessing or using the Platform have, the authority to bind that organization to this Agreement, and "you" in this Agreement includes that organization. An individual agent who registers alone is the organization for purposes of this Agreement.
2.1 AgentOS is a software-as-a-service platform for managing real estate transactions, contacts, documents, compliance activities, communications, and business operations, including client-facing portals and pages, reporting, and AI-assisted tools. You acknowledge, covenant, and agree that AgentOS may add, change, suspend, or retire features of the Platform, or any part or portion of the Platform, at any time in AgentOS's sole discretion. If during a paid subscription term AgentOS materially reduces core functionality for which you are paying, your sole remedy is to cancel and receive a pro-rata refund of prepaid, unused fees for the remainder of that term.
2.2 You acknowledge and agree that features labeled beta, preview, or early access, or enabled for only some organizations, are provided as-is, may change or be withdrawn at any time without notice in AgentOS's sole discretion, are excluded from Sections 2.1 and 12, and may be subject to additional terms that AgentOS provides when you enable them.
3.1 You covenant and agree that you are responsible, at any and all times while accessing or using the Platform, for safeguarding your login credentials and for all activity that occurs under your account. You covenant and agree to keep your account information accurate and current and to notify AgentOS promptly at support@getagentos.io of any unauthorized access to or use of your account.
3.2 You acknowledge and agree that organization owners and administrators decide who joins the organization, what roles they hold, and what organization data each role may see, including without limitation documents submitted for compliance review, and that owners and administrators can see the records that members create.
3.3 AgentOS offers multi-factor authentication, session controls, role-based permissions, and other security features that you may enable for your account and organization, and AgentOS may require them for some roles or actions. You acknowledge and agree that you have been given the opportunity to enable these features, you covenant and agree to keep any second factor secure, and you acknowledge and agree that AgentOS is not responsible or liable for any unauthorized access, loss, or damage that results from your failure to enable or use available security features, from compromised, shared, or weak credentials, or from the acts or omissions of your users.
3.4 You acknowledge and agree that AgentOS support staff may access your organization's account to diagnose a problem you have reported, to investigate suspected abuse or a security concern, or at your request, and that such access requires multi-factor authentication, is time-limited, is logged, and does not permit staff to make payments or change billing on your behalf.
4.1 New organizations receive a 7-day free trial. No payment method is required to start, and the trial does not convert into a paid subscription automatically. You acknowledge and agree that this Agreement governs your use of the Platform during the free trial, and that when the trial ends your access is limited until you choose a plan and subscribe.
4.2 You acknowledge and agree that paid plans are billed in advance through Stripe, Inc. ("Stripe") on a recurring basis at the price and interval shown at checkout, and that they renew automatically at the end of each billing period until canceled. Where required by Applicable Laws, AgentOS sends renewal reminders for annual plans. Plan limits, including without limitation the number of users per plan, are shown on our pricing page and enforced by the Platform.
4.3 You may cancel at any time online through Settings or the Stripe billing portal; no phone call is required. Cancellation takes effect at the end of the current billing period. You understand and agree that, except as expressly provided in Sections 2.1, 12, and 20 or as required by Applicable Laws, you are not entitled to and will not receive any refund of fees already paid, and that no pro-rata refund is issued for a partial billing period.
4.4 AgentOS will give at least 30 days' notice before a price increase, which takes effect at your next renewal after the notice period. Fees exclude taxes. Where AgentOS is required to collect sales, use, or similar taxes, AgentOS will add them to your invoice; otherwise, you covenant and agree that you are responsible for any taxes that apply to your purchase.
4.5 If a payment fails, AgentOS will notify you and may suspend the account after a grace period. You acknowledge and agree that while a subscription is lapsed or suspended, pages you have shared with clients, including without limitation client portals, seller reports, showing booking pages, open house pages, offer pages, and OnePage sites, stop working until the subscription is restored, and that your data is retained as described in the Privacy Policy.
4.6 If a new organization subscribes through your referral link, AgentOS may credit both organizations. You acknowledge and agree that referral credits are (a) earned only when the referred organization pays its first invoice for a paid plan with real money and not a full-value coupon; (b) equal to one month of each organization's own base plan, or one-twelfth of an annual plan; (c) applied to the next invoice, non-cash, non-transferable, and forfeited if the account is canceled before they are used; (d) void for self-referrals, accounts under common ownership or control, or referrals obtained through paid advertising, spam, or misrepresentation; and (e) limited to 12 credits per organization per calendar year. AgentOS may change or end the referral program at any time in its sole discretion; credits already earned will be honored.
5.1 "Customer Content" means any and all data, documents, images, communications, and other content that you, your organization, or anyone acting on your behalf uploads, submits, enters, or otherwise provides to or through the Platform. You represent, warrant, covenant, and agree that you own all right, title, and interest in and to all Customer Content, or hold all licenses, consents, and permissions necessary to provide it to AgentOS and to grant the license in Section 5.2, and that the Customer Content, your provision of it to AgentOS, and its use in connection with the Platform do not and will not infringe, misappropriate, or violate the rights of any individual or entity or any Applicable Laws.
5.2 As between you and AgentOS, you retain ownership of Customer Content. You hereby grant AgentOS a non-exclusive, worldwide, irrevocable, perpetual, fully sublicensable license, without payment of any royalty or other compensation whatsoever, to host, copy, store, process, transmit, display, and otherwise use Customer Content for the purposes of providing, securing, supporting, and improving the Platform, complying with Applicable Laws and legal process, and creating aggregated, de-identified data that does not identify you, your organization, or any person. You represent, warrant, covenant, and agree that you have the full right and authority to grant this license.
5.3 You acknowledge and agree that AgentOS contracts only with the organization that holds the subscription, that AgentOS follows the instructions of that organization's owners and administrators regarding access to, reassignment of, and deletion of Customer Content, and that AgentOS may act on those instructions in its sole discretion without inquiry into any arrangement between the organization and its members. Any agreement or dispute between a brokerage, team, or organization and its agents or members concerning the ownership, retention, or use of Customer Content is solely between them, and you covenant and agree that AgentOS is not a party to it and has no obligation to adjudicate it.
5.4 You represent, warrant, covenant, and agree that you have obtained from each of your clients, contacts, and other individuals whose personal information is included in Customer Content all rights, notices, and consents required under Applicable Laws to provide their personal information to AgentOS and to have AgentOS process it as described in this Agreement, the Privacy Policy, and the DPA.
5.5 You covenant and agree that you are responsible for the accuracy and legality of Customer Content and for maintaining independent copies of any records you cannot afford to lose.
You acknowledge and agree that Customer Content often includes personal information about your clients, prospects, contacts, homeowners, and visitors to pages you share; that for such information you or your brokerage are the business or controller and AgentOS is your service provider or processor; and that the DPA is incorporated into this Agreement and governs that processing. You covenant and agree that you are responsible for having the legal right to collect and store your clients' information in the Platform, for giving any notices required by Applicable Laws, and for responding to your clients' privacy requests, and that AgentOS provides tools and assistance only as described in the DPA.
7.1 The Platform can send emails and text messages to your clients and other parties on your behalf, including without limitation showing requests, portal links, offer notices, home value updates, and follow-ups, from AgentOS email addresses and telephone numbers.
7.2 You represent and warrant that, before you message any person through the Platform, you have obtained every consent required under Applicable Laws, including without limitation the Telephone Consumer Protection Act, the CAN-SPAM Act, and state telemarketing, text messaging, and privacy laws, and you covenant and agree that your messages will comply with Applicable Laws, including fair housing law, and that you will honor every opt-out request.
7.3 Where a public page collects a telephone number that the Platform may text, the page displays a consent checkbox. You acknowledge and agree that the Platform will not send texts to a number whose owner did not check that box, and you covenant and agree not to circumvent that control through any other channel. Recipients may reply STOP to any text from an AgentOS number to end texts, and every marketing email includes an unsubscribe link. You covenant and agree not to message anyone who has opted out.
7.4 You acknowledge and agree that email sent to a lead inbox, showing feedback inbox, or support address you connect is received, parsed (including by AI features), and stored in your account, and you covenant and agree to inform senders that their messages are handled this way where Applicable Laws require.
7.5 You acknowledge and agree that AgentOS does not verify that you have obtained the consents described in this Section 7, and that you will indemnify AgentOS under Section 18 for any claim arising from your failure to do so.
You acknowledge and agree that AI-assisted features, including without limitation the REx assistant, document extraction, lead email parsing, voice transcription, social profile lookup, property value estimates, and generated insights and drafts, produce output automatically and that such output can be wrong, incomplete, outdated, or biased. You covenant and agree to review all AI output before relying on it, sending it to anyone, or making any decision about a person based on it. You acknowledge and agree that AI output is not legal, financial, tax, brokerage, appraisal, or other professional advice, and that content you submit to AI features is processed by the providers described in the Privacy Policy. You represent, warrant, covenant, and agree that you will not use AI features to make decisions about any person's housing, credit, employment, or insurance in violation of fair housing, fair credit, or anti-discrimination laws.
The Platform includes features that help you document compliance activities, including checklist-based document review, timestamped activity logs, agent assignments, and reporting. You acknowledge and agree that these features maintain records that may help demonstrate compliance efforts in an audit, that they are not legal advice, and that they do not guarantee compliance with any law, regulation, MLS rule, or brokerage policy. You covenant and agree that fair housing compliance, licensing obligations, record retention rules, advertising rules, and every other requirement of Applicable Laws remain your sole responsibility, and that you will comply with all federal, state, and local fair housing laws in your use of the Platform.
You represent, warrant, covenant, and agree that you will not, at any time from your first access to the Platform and thereafter, and will not permit any third party to: (a) use the Platform in violation of any Applicable Laws, including without limitation fair housing, consumer protection, telemarketing, and privacy laws; (b) upload content you lack the rights to, or that is malicious, infringing, defamatory, or unlawful, including without limitation listing photographs you are not licensed to use; (c) intentionally submit inaccurate information or impersonate any person; (d) probe, scan, or test the security of the Platform, or attempt to access another organization's data, without AgentOS's prior written permission; (e) interfere with the Platform or other customers, including without limitation by sending spam through the Platform; (f) scrape, crawl, or bulk-extract data from the Platform, or develop or use any third-party application or script that interacts with the Platform without AgentOS's prior written consent, other than exporting your own Customer Content through the tools we provide; (g) share login credentials or use one seat for multiple people; (h) resell, sublicense, or provide the Platform to third parties outside your organization; (i) use the Platform or its output to build or train a competing product; or (j) upload government identification numbers, financial account numbers, health information, or biometric data except where a real estate document genuinely requires it.
11.1 You acknowledge and agree that the Platform relies on and integrates with services provided by third parties, including without limitation Stripe (payments and billing), Google LLC (Google Drive, Google Maps, Google Fonts, and sign-in), Microsoft Corporation (OneDrive and Microsoft 365), Dropbox, Inc., Apple Inc. (App Store, push notifications, and speech recognition), Meta Platforms, Inc. (social media embeds and advertising measurement), Supabase, Vercel, Cloudflare, Brevo, GoHighLevel, Anthropic, OpenAI, PDFShift, RentCast, HasData, Scrapfly, RapidAPI, Loom, and the social media, calendar, e-signature, and property-data providers you choose to connect, together with any other third-party service that AgentOS may add to the Platform from time to time (collectively, "Third-Party Services"). You represent, warrant, covenant, and agree that you have read, understand, and agree to be bound at all times by the terms of service, terms of use, privacy policies, acceptable use policies, and other rules, agreements, and requirements of each Third-Party Service that applies to your use of the Platform, as they may be updated by those providers from time to time.
11.2 You acknowledge and agree that AgentOS is not responsible for the availability, security, data handling, pricing, or changes of any Third-Party Service, or for any outage, loss, or change that affects an integration, and that AgentOS may suspend or remove an integration at any time in its sole discretion, including when a provider requires it.
11.3 At your request, the Platform can retrieve information from public listing pages, property-data providers, and public records, including without limitation listing view counts, comparable sales, photographs, value estimates, and property characteristics, for listings and properties you represent or are evaluating for a client. You acknowledge and agree that third-party sites may change, rate-limit, or block access at any time and that the data may be incomplete or wrong. You represent, warrant, covenant, and agree that you will comply with the terms of each listing portal and data source when you direct the Platform to retrieve data from it, and that you are solely responsible for how you use the results.
11.4 If you configure an outbound webhook or subscribe to a calendar feed, the Platform sends your data to the endpoint or application you chose. You acknowledge and agree that calendar feed URLs, portal links, report links, and similar URLs contain a secret token, that anyone holding such a URL can read what it points to, and that you may regenerate or disable them in Settings.
11.5 You acknowledge and agree that the Platform and its mobile applications may include third-party and open-source software components licensed under their own terms, that such components are licensed to you by their owners and not by AgentOS, and that those terms govern the components to the extent they conflict with this Agreement.
12.1 AgentOS targets 99.5% monthly availability for the core web application, as measured by AgentOS's external monitoring. You acknowledge and agree that availability excludes planned maintenance announced at least 24 hours in advance, failures of Third-Party Services, network outages outside AgentOS's control, your actions or configurations, beta features, and events beyond AgentOS's reasonable control, and that auxiliary services such as PDF generation, email and text delivery, and data lookups depend on third parties and are excluded.
12.2 If measured availability in a calendar month falls below 99.5% and you request a credit within 30 days after that month, AgentOS will credit 10% of that month's subscription fee to your next invoice. You acknowledge and agree that this credit is your sole and exclusive remedy for unavailability, that the target is not a warranty, and that Section 15 applies.
You acknowledge and agree that AgentOS and its licensors own all right, title, and interest in and to the Platform, including without limitation all software, design, features, templates, documentation, and related intellectual property, and that, except for the limited rights expressly granted in this Agreement, no rights in the Platform are transferred to you. You hereby assign to AgentOS all right, title, and interest in any feedback, suggestions, or ideas you provide about the Platform, and, to the extent such assignment is not effective, you grant AgentOS an irrevocable, perpetual, worldwide, royalty-free license to use them for any purpose without obligation or attribution. AgentOS, REx, and our logos are trademarks of AgentOS, and you covenant and agree not to use them without AgentOS's prior written permission except to identify that you use the Platform.
14.1 You may cancel your subscription as described in Section 4.3, and any member may delete their own user account in Settings.
14.2 You acknowledge and agree that AgentOS may, in its sole discretion, suspend or terminate any account or organization that materially breaches this Agreement, that presents a security or legal risk, or that has had no subscription and no activity for 12 months, with notice where practicable, and that AgentOS may terminate for convenience on 30 days' notice with a pro-rata refund of prepaid, unused fees. Your access will also terminate automatically if you cease to satisfy Section 1.
14.3 You acknowledge and agree that on termination your access ends; that before you cancel you may export contacts, transactions, and tasks from Settings and may request a complete copy of your organization's data, which AgentOS will provide in a common format within 30 days of a request made before or within 30 days after termination; and that deletion timing is described in the Privacy Policy. Sections 5, 13, and 15 through 23, and any other provision that by its nature should survive, survive termination.
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED "AS IS," "WHERE IS," "WITH ALL FAULTS," AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AGENTOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AGENTOS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST, OR THAT AI OUTPUT OR THIRD-PARTY DATA WILL BE ACCURATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGENTOS OR ITS REPRESENTATIVES CREATES A WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
Each party covenants and agrees to protect the other party's non-public information that is marked confidential or that a reasonable person would understand to be confidential, to use it only to perform under this Agreement, and to disclose it only to personnel and advisors who need it and are bound by comparable obligations, or as required by Applicable Laws with notice to the other party where permitted. Customer Content is your confidential information; the Platform's non-public features, non-public pricing, and security details are AgentOS's confidential information. These obligations last for three years after termination, and indefinitely for trade secrets and personal information.
17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT AGENTOS AND ITS MEMBERS, MANAGERS, MANAGING MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND CONSULTANTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT AGENTOS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE PLATFORM, THIS AGREEMENT, OR ANY OTHER MATTER BETWEEN YOU AND AGENTOS IS LIMITED TO THE FEES YOU PAID TO AGENTOS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU HAVE PAID NOTHING. YOU REPRESENT, WARRANT, COVENANT, AND AGREE THAT THIS LIMITATION IS A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND IS NOT A PENALTY.
17.3 The exclusions and cap in this Section 17 do not apply to (a) AgentOS's gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; or (c) your breach of Sections 5, 7, 9, or 10 or your indemnification obligations under Section 18. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.
17.4 You acknowledge, covenant, and agree that AgentOS has no liability of any kind for any security incident, unauthorized access, or data loss to the extent it results from your failure to enable or use the multi-factor authentication or other security features available to you, from your credentials being compromised, shared, or reused, from your configuration of roles or permissions, or from the acts or omissions of your users, and that any such incident is not a breach of AgentOS's data-protection obligations for purposes of this Agreement or the DPA.
18.1 You covenant and agree to indemnify, hold harmless, and defend AgentOS and its members, managers, managing members, employees, contractors, agents, representatives, and consultants from and against any and all claims, demands, lawsuits, causes of action, losses, liabilities, judgments, settlements, penalties, damages, costs, and expenses, including without limitation reasonable attorneys' fees, court costs, and expenses of investigation, arising out of or relating to: (a) Customer Content; (b) your access to or use of the Platform; (c) any violation or breach of this Agreement by you or anyone using your account; (d) your failure to comply with the rules, policies, agreements, or requirements of any Third-Party Service; (e) your failure to comply with any Applicable Laws, including without limitation messaging consent, privacy, and fair housing laws; (f) the failure of any representation or warranty you make in this Agreement to be or remain true and accurate; (g) your relationship with your clients, brokerage, or agents; (h) your use of AI output or third-party data; or (i) your negligence or intentional wrongdoing.
18.2 AgentOS will give you prompt written notice of any claim for which it seeks indemnification, provided that delay will not relieve you of your obligations except to the extent you are materially prejudiced. You covenant and agree to cooperate reasonably in the defense, and you may not settle any claim in a manner that admits fault on behalf of AgentOS or imposes any obligation on AgentOS without AgentOS's prior written consent.
19.1 You acknowledge and agree that this Agreement is governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. Nothing in this Section limits any rights you may have under the consumer protection laws of your state that cannot be waived by contract.
19.2 Before commencing arbitration, the complaining party covenants and agrees to send the other party a written notice describing the dispute (to AgentOS at 3030 Asbury Church Rd, Lincolnton, NC 28092 and support@getagentos.io; to you at your account email address), and the parties covenant and agree to attempt in good faith to resolve the dispute within 45 days after the notice.
19.3 YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR YOUR RELATIONSHIP WITH AGENTOS THAT IS NOT RESOLVED UNDER SECTION 19.2 WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, before a single arbitrator, seated in Lincoln County, North Carolina, or conducted by video conference where the rules allow. The arbitrator may award any relief that a court of competent jurisdiction could award to the individual party, and judgment on the award may be entered in any court having jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 19. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or the security of the Platform. The Federal Arbitration Act governs this Section 19.
19.4 YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BY JURY. You covenant and agree that disputes must be brought on an individual basis only, that neither party may bring or participate in any class, collective, consolidated, private attorney general, or representative action or arbitration, and that the arbitrator may not consolidate the claims of more than one organization. If the class waiver in this Section 19.4 is found unenforceable as to a particular claim, that claim must be brought exclusively in the state or federal courts located in Lincoln County, North Carolina, and Section 19.3 does not apply to that claim.
19.5 You may opt out of Sections 19.3 and 19.4 by emailing support@getagentos.io with the subject "Arbitration opt-out" from your account email address within 30 days after you first accept this Agreement. If you opt out, you acknowledge and agree that disputes will be resolved exclusively in the state or federal courts located in Lincoln County, North Carolina, and each party consents to the personal jurisdiction and venue of those courts.
You acknowledge and agree that AgentOS may amend this Agreement from time to time; that for material changes AgentOS will give at least 30 days' notice by email to your account address or by in-app notice before they take effect, and that other updates take effect when posted with a new "Last updated" date; that AgentOS will ask you to affirmatively accept material changes where practicable; and that your continued access to or use of the Platform after the effective date of a change constitutes your acceptance of the amended Agreement. If you do not agree to a material change, your sole remedy is to cancel before it takes effect and receive a pro-rata refund of prepaid, unused fees.
You consent to receive communications from AgentOS electronically, including by email, in-app notice, and text message, for operational, transactional, legal, and informational purposes, and you agree that all agreements, notices, disclosures, and other communications that AgentOS provides electronically satisfy any legal requirement that they be in writing. You agree that your electronic acceptance of this Agreement constitutes your signature. You represent and warrant that you can access, receive, and retain electronic communications and records, and you covenant and agree to keep your contact information current. You may withdraw this consent by contacting support@getagentos.io, which will apply prospectively only and may limit your ability to use the Platform.
22.1 Subject to this Agreement, AgentOS grants you a personal, non-exclusive, non-transferable, revocable license to install and use the AgentOS mobile application on a device you own or control. You acknowledge and agree that the application is licensed to you, not sold.
22.2 If you obtained the application from the Apple App Store, you acknowledge and agree that: this Agreement is between you and AgentOS only, not Apple; Apple has no obligation to furnish any maintenance or support for the application; if the application fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation whatsoever; Apple is not responsible for addressing any claims relating to the application, including without limitation product liability claims, claims that the application fails to conform to any legal or regulatory requirement, consumer protection claims, and intellectual property infringement claims; Apple and its subsidiaries are third-party beneficiaries of this Section 22 and may enforce it against you; and you represent and warrant that you are not located in a country subject to a United States government embargo or designated as a terrorist-supporting country and are not listed on any United States government list of prohibited or restricted parties. Subscriptions are purchased on the AgentOS website, not through the App Store, and the application sells nothing.
This Agreement, together with the Privacy Policy, the DPA, and any order or plan selection you make, constitutes the entire agreement between you and AgentOS regarding the Platform and supersedes all prior and contemporaneous agreements, representations, and understandings on that subject. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and modified to effect the parties' original intent as closely as possible, and the remainder of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement or any rights under it without AgentOS's prior written consent; AgentOS may assign this Agreement without your consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, and you authorize AgentOS to transfer your information to the successor to the extent permitted by Applicable Laws. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. No waiver of any provision is effective unless in writing signed by AgentOS, and AgentOS's failure to enforce any provision is not a waiver of it. Except as expressly provided in Section 22, this Agreement confers no third-party beneficiary rights. Notices to you may be sent to your account email address; notices to AgentOS must be sent to support@getagentos.io with a copy to 3030 Asbury Church Rd, Lincolnton, NC 28092. The parties are independent contractors. Section headings are for convenience only and do not affect interpretation. Questions about this Agreement may be sent to support@getagentos.io.
Questions about this Agreement? Reach us at support@getagentos.io. See also our Privacy Policy, our Data Processing Addendum, and our Subprocessor List.
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