LegalTerms of Service
Terms of Use Agreement
Last Updated Date: October 20, 2025
Welcome and thank you for your interest in RealZono, Inc. ("RealZono", "we", "us" or "our")!
Scope
This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms (as defined in Section 1.5 (Supplemental Terms)), the "Agreement") describes the terms and conditions that apply to your use of (1) the websites located at realzono.com and realzono.ai, and their related subdomains (collectively, the "Website"), (2) RealZono mobile application, which we offer subject to these Terms of Use (the "App"), and (3) the services, content, and other resources available on or enabled via our Website or the App, including RealZono's proprietary chatbot powered by generative AI ("Chatbot" and, collectively, with the App and Website and the content and services enabled thereby, the "Service").
APPLICATION OF THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON ANY "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APP, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH RealZono, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "YOU" OR "YOUR" IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
Arbitration Terms
SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND RealZono. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION15) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Text Messages
PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM RealZono OR OTHERWISE INTERACT WITH THE SERVICE VIA TEXT MESSAGE, SECTION 1.8 (TEXT MESSAGE SERVICES) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.
Updates
The Agreement IS subject to change by RealZono in its sole discretion at any time AS SET FORTH IN SECTION Agreement Updates. When changes are made, RealZono will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the "Last Updated" date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we may also send an email with notice of such changes to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. RealZono may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE. (Agreement updates).
1. USE OF THE SERVICE. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and RealZono, your right to access and use the Service, in whole or in part, is subject to this Agreement.
1.1 Marketplace. RealZono provides SaaS Services (defined below) that allow the owner ("Landlord"), property manager ("Property Manager") exclusive leasing agent ("Agent") of a residential rental property ("Property") to create a listing for such Property that includes photographs and other basic information about such Property (each, a "Listing") and publish such Listing on an area of the Website through which users can view and browse such Listings (the "Marketplace"). The Landlord or Agent that lists a Property on the Marketplace may be referred to herein as the "Representative" for such Property. Users can browse Properties on the Marketplace and use the Service to schedule an in-person Autonomous Tour (defined below) of a Property.
(a) Disclaimers. You are solely responsibility for undertaking diligence with respect to the parcels listed on the RealZono marketplace. RealZono does not guarantee the existence, quality, safety or legality of parcels offered via the marketplace; the truth or accuracy of any parcel information; or the integrity, responsibility, or any actions of any users of the marketplace.
1.2. Chatbot. Our Chatbot leverages certain generative AI tools (including AI Services made available by third parties, as defined below, and collectively the "AI Tools") to collect, analyze, and respond to user prompts and requests with automated advice. By using the Chatbot, you hereby consent and authorize RealZono to share any Content or other information you provide to the Chatbot with the AI Tools in order to complete your request.
(a) Inaccuracy and incompleteness. The Chatbot has access to information that may be inaccurate and/or incomplete. You acknowledge and agree that the Chatbot may not be able to answer all of your questions with respect to a particular parcel.
(b) Chatbot is not a landlord and cannot enter into lease agreement. The chatbot is not the landlord. Only the landlord can set or negotiate the terms of any agreement. Any attempt to negotiate with the chatbot with respect to the terms of an agreement for any parcel, or with respect to any other contract, will be a breach of this Agreement and, for the avoidance of doubt, because the Chatbot is not a Landlord and is not an entity capable of contracting, any contract you attempt to form with the Chatbot (whether with respect to the parcel or otherwise) is and will be presumptively void.
(c) Nondiscrimination. RealZono is deeply committed to support United States law and policy for the achievement of equal housing opportunity anywhere in which we offer the Service, and to comply with all applicable human rights legislation. We encourage and support a world in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, or national origin, or any other legally protected group or status. You acknowledge and agree that it is a breach of this Agreement to interact with the Chatbot with the intention of provoking Output (defined below) that, whether taken alone or in the aggregate, may have a discriminatory impact against any individual or class of individuals, or otherwise promote or suggest illegal, racist or discriminatory activities, opinions, or outcomes.
(d) Disclaimers. YOU, AND NOT RealZono, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE CHATBOT. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER AI TOOLS MADE AVAILABLE THROUGH RealZono OR SUCH THIRD-PARTY SERVICES IS AT YOUR OWN RISK. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS INACCURATE OR INAPPROPRIATE IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT RealZono WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI TOOLS MADE AVAILABLE BY RealZono OR THIRD-PARTY SERVICES) PROVIDING INACCURATE OR INAPPROPRIATE INFORMATION TO YOU.
1.3 App License.
Subject to your compliance with this Agreement, RealZono grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single Device (as defined below) that you own or control and to run such copy of the App solely for your own personal use.
1.4 Supplemental Terms.
Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.
1.5 Updates.
You understand that the Service is evolving. As a result, RealZono may require you to install updates to the App on the devices through which you access or use the Service ("Device"). You acknowledge and agree that RealZono may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.
1.6. Text Message Services.
RealZono may offer one or more mobile message programs (collectively, the "Message Service") that allows users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include advice messages from the Chatbot, marketing or advertising messages, and operational messages concerning your use of the Service. You agree that these messages may be transmitted using an automatic telephone dialing system ("ATDS"), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at hello@realzono.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 15 (Arbitration Agreement).
2. REGISTRATION.
2.1. Registering Your Account.
In order to access certain features of the Service, you may be required to register an account on the Service ("Account"), have a valid account on a social networking or other Third-Party Service ("Linked App") through which you can connect to the Service, as permitted by the Service (each such account, a "Linked Account"), or have an account with the app store from which you downloaded the App.
2.2. Registration Data.
In registering an Account on the Service, you shall (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2.3. Access Through a Linked App.
The Service may allow you to link your Account with a Linked Account by allowing RealZono to access your Linked Account, as is permitted under the applicable terms and conditions that govern your use of each Linked Account. You represent that you are entitled to disclose your Linked Account login information to RealZono and/or grant RealZono access to your Linked Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Linked Account and without obligating RealZono to pay any fees or making RealZono subject to any usage limitations imposed by such Third-Party Service providers. By granting RealZono access to any Linked Account, you understand that RealZono may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Linked Account ("Linked App Content") so that it is available on and through the Service via your Account. Unless otherwise specified in this Agreement, all Linked App Content is considered to be your Input (as defined in Section 3.1 (Types of Content)) for all purposes of this Agreement. Depending on the Linked Accounts you choose and subject to the privacy settings that you have set in such Linked Accounts, personally identifiable information that you post to your Linked Accounts may be available on and through your Account on the Service. If a Linked Account or associated service becomes unavailable, or RealZono's access to such Linked Account is terminated by the Third-Party Service provider, then Linked App Content will no longer be available on and through the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND RealZono DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. RealZono makes no effort to review any Linked App Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and RealZono is not responsible for any Linked App Content.
2.4. Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of RealZono. Furthermore, you are responsible for all activities that occur under your Account. You will accept full responsibility for any unauthorized use of the Service, including your credit card or other payment method, by minors. You may not share your Account or password with anyone, and you agree to notify RealZono immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or RealZono has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, RealZono has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. RealZono reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Service if you have been previously removed by RealZono, or if you have been previously banned from any of the Service.
2.5. Necessary Equipment and Software.
You must provide all Devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.
3. Content
3.1. Types of Content.
Subject to your compliance with this Agreement, you may share or upload information, data, text, software, music, sound, screenshots, photographs, graphics, video, messages, tags and/or other materials ("Content") through the Service, including by way of your prompts, comments, questions, and other input that you provide to the Chatbot or other areas of the Service (collectively, "Input"). You, and not RealZono, are entirely responsible for all Input that you upload, share, post, email, transmit, query or otherwise make available through or to the Service, including the Linked App Content. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the license set forth in Section 3.4 (License to Your Content). If you do not have such rights in any Content, such as messages from a third-party or a third party's contact information, you agree that you will not make such Content available through the Service as Input. In response to any prompts, comments, questions, and other Input that You provide to the Service, the Service, together with AI Tools, may generate new Content based on such Input ("Output"). You acknowledge that the Outputs are based on your Inputs, and that RealZono has no control over any such Inputs. Accordingly, all Outputs are provided "as is" and with "all faults", and RealZono makes no representations or warranties of any kind or nature with respect to any Inputs or Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. While RealZono may from time to time employ certain techniques with respect to modifying Input and Output to improve the result of Services, you acknowledge and agree that (a) such techniques are not foolproof and may be inaccurate or incomplete; (b) RealZono does so in its own discretion and you, and not RealZono, are solely responsible for your use of your Outputs created through the Service; and (c) you assume all risks associated with your use of any Outputs. If you share any Output with any third party in violation of this Agreement you are solely liable, and RealZono shall have no liability for or in connection with, claims arising from such use. You are solely responsible for reviewing any Output prior to RELYING ON SUCH OUTPUT and exercising your own judgement as to its ACCURACY OR SUITABILITY for YOUR use.
3.2. Ownership of Content.
RealZono does not claim ownership of any Inputs or Outputs (collectively, "Your Content"). Subject to Section 3.3 (License to Your Content), as between RealZono and you, you are the owner of all right, title and interest in Your Content. Notwithstanding the foregoing, given the nature of artificial intelligence which powers the Service through AI Tools, you acknowledge that: (a) Output may not be unique across users and the Service may generate the same or similar output for another user under similar terms, and you do not have any right, title or interest in or to any output provided to other users, regardless of the level or degree of similarity with the Outputs; (b) RealZono does not represent or warrant that the Outputs are protected or protectible by any intellectual property rights under applicable law; and (c) RealZono does not guarantee that (i) you will exclusively own or have any or all necessary rights to use the Output for your intended purposes, or (ii) the Output does not incorporate, infringe or misappropriate the intellectual property or proprietary rights of any third party.
3.3. License to Your Content.
You acknowledge that the Service utilizes certain AI Tools, including artificial intelligence and machine learning algorithms that can be trained to recognize and search for certain patterns (including natural language patterns), information, objects and events, and that such recognition is developed over time based on your use of the Service, Your Content and User Content. Accordingly, subject to any applicable Account settings that may be made available to you, you grant RealZono a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users (including after you cease use of the Service or terminate this Agreement), developing and improving other products and services, or for any other purpose. Without limiting the foregoing, you acknowledge that Your Content may be used by RealZono, or third-party providers of AI Tools, to train, develop, enhance, evolve and improve the Service and the underlying artificial intelligence models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes).
3.4. Content Provided by Other Users.
The Service may contain User Content provided by other users ("User Content"), including without limitation such users' Output. RealZono is not responsible for and does not control User Content. RealZono does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk. If you submit Your Content (including any Output) to any area of the Service that is accessible by other users, other users may be able to search for, see, use, interact with, modify and/or reproduce any of Your Content, on or off the Service. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service, including your decision to like, comment on, or share another user's Output as permitted by the functionality of the Service; provided, however, that RealZono reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that RealZono will not be responsible for any liability incurred as the result of your interactions with other users.
3.5. AI Services
Our Service may utilize certain third-party artificial intelligence and deep learning platforms, algorithms, tools and models ("AI Services") to generate Output. You acknowledge and agree that RealZono may share your Inputs with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of Your Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose Your Content, including to further train their algorithmic models. You must review and comply with any such requirements prior to your use of any service that relies on AI Services. You assume all risks associated with your use of such AI Services. RealZono will have no liability for the unavailability of any AI Services, or any third party's decision to discontinue, suspend or terminate any AI Services.
3.7 Storage
Unless expressly agreed to by RealZono in writing elsewhere, RealZono has no obligation to store any of Your Content. RealZono has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting.
4. Ownership
4.3. The Service.
Except with respect to Your Content, you agree that RealZono and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, characters, concepts, artwork, animations, sounds, methods of operation, moral rights, documentation, and software) and all improvements, enhancements and updates made thereto. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Service.
4.2. Trademarks.
"RealZono" and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of RealZono and may not be used without permission in connection with your, or any third-party's, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
4.3. Third-Party Services
You agree that submission of any ideas, suggestions, documents, and/or proposals to RealZono through its suggestion, feedback, forum, or similar pages ("Feedback") is at your own risk and that RealZono has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to RealZono a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Service and/or RealZono's business.
5. USER CONDUCT AND CERTAIN RESTRICTIONS.
As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party) to: (1) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (2) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (3) use any metatags or other "hidden text" using RealZono's name or trademarks; (4) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (6) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (7) impersonate any person or entity, including any employee or representative of RealZono; or (8) interfere with or attempts to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service. You represent and warrant that you shall not, and shall not cause or permit any third party to, access or use the Service for any purpose other than that expressly authorized hereunder, including without limitation (a) to influence or attempt to influence the Chatbot to provide responses that are or could be illegal, offensive, or otherwise objectionable; (b) to circumvent any technical or contractual restrictions placed on your use of the Service (including the Chatbot); (c) to publicly post or otherwise distribute any Content from the Service, including without limitation any Output; or (d) to create or attempt to create any Output or other result of the Service that has the effect of discriminating against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcome. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by RealZono pursuant to this Agreement.
6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT.
RealZono may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
6.1 Without limiting the foregoing, RealZono reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, discriminates against any person or groups of persons, or could create liability for RealZono; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service or if RealZono otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, RealZono, may, at its sole discretion immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6.2 If RealZono believes that criminal activity has occurred, RealZono reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in RealZono's possession in connection with your use of the Service, to (a) comply with applicable laws, legal process or governmental request, (b) enforce this Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of RealZono, its users or the public, and all enforcement or other government officials, as RealZono in its sole discretion believes to be necessary or appropriate.
7. THIRD-PARTY SERVICE.
7.1 Third-Party Services. The Service may use and/or contain links to third-party websites, applications, services (including without limitation AI Services), and ads, (collectively, the "Third-Party Services"). Such Third-Party Services are not under the control of RealZono. RealZono is not responsible for any Third-Party Services. When you use a Third-Party Service, you become subject to the terms and conditions (including privacy policies) of another website or destination. RealZono does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(a)Sharing Your Content and Information Through Third-Party Services. RealZono may provide tools through the Service that enable you to export information, including Your Content, to Third-Party Services, including through features that allow you to link your Account with a Linked App account, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that RealZono may transfer that information to the applicable Third-Party Service. RealZono is not responsible for any Third-Party Service's use of your exported information, nor for any use by you of any information (including without limitation Output) shared by you with or through any Linked App or other Third-Party Service.
7.2. Third-Party App Access. With respect to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
7.3 Accessing and Downloading the App from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) this Agreement is concluded between you and RealZono only, and not Apple, and (ii) RealZono, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RealZono and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RealZono.
(d) You and RealZono acknowledge that, as between RealZono and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and RealZono acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between RealZono and Apple, RealZono, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and RealZono acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
8. Fees and Purchase Terms
8.1. Payment Service Provider
Payment Service Provider. RealZono does not currently charge for access to or use of the Service, but it reserves the right to charge fees in connection with some or all Services in the future ("Fees").
8.2. Free Trials and Promotional Access
Any free trial or other promotion that provides users access to the Service must be used within the specified time of the trial. At the end of the trial or promotional period, unless otherwise expressly specified when you sign up for such free trial or promotional service, your use of that Service will be charged at our then-current rates for such Service, and you agree to pay all such Fees in accordance with our then-current payment terms.
9. Indemnification
You shall indemnify and hold RealZono, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "RealZono Party" and collectively, the "RealZono Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (1) Your Content, including any use of the Output by you; (2) your use of, or inability to use, the Service; (3) your violation of this Agreement, including without limitation your violation of Section 5 (User Conduct and Certain Restrictions); (4) your violation of any rights of another party, including your use of any Input that infringes a third party's proprietary rights; (5) any damage or harm caused by you to any Property; or (6) your violation of any applicable laws, rules or regulations. RealZono reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RealZono in asserting any available defenses. This provision does not require you to indemnify any of the RealZono Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE RealZono PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE OR YOUR CONTENT. THE RealZono PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICE, LISTING INFORMATION, OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. From time to time, RealZono may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at RealZono's sole discretion. The provisions of this section apply with full force to such features or tools.
10.2. No Liability for Conduct of Third Parties.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE, INCLUDING WITHOUT LIMITATION LANDLORDS AND AGENTS. YOU ACKNOWLEDGE AND AGREE THAT THE RealZono PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE RealZono PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING LANDLORDS AND OPERATORS OF EXTERNAL SITES SUCH AS THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT RealZono DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. RealZono MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES (INCLUDING AI SERVICES) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RealZono MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.
10.3. Artificial Intelligence
LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND RealZono DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICE OR OUTPUT WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND ANY OUTPUT COMPLIES WITH ALL APPLICABLE LAWS.
11. Limitation of Liability
11.1. Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE RealZono PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ANY RealZono PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF AN RealZono PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A RealZono PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A RealZono PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2. Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RealZono PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO RealZono by you during the THREE-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100; or (c) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A RealZono PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A RealZono PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A RealZono PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3. User Content - RealZono assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content.
11.4. Exclusion of Damages - Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
11.5. Basis of the Bargain - The limitations of damages set forth above are fundamental elements of the basis of the bargain between RealZono and you.
12. Procedure for Making Claims of Intellectual Property Right Infringement
Contact information for RealZono's designated agent for notice of claims of infringement is as follows: RealZono Inc. ATTN: Legal, 111 Lexington Ave, New York, NY 10016.
13. Term and Termination
13.1-13.5. The term of this Agreement commences when you accept and continues while you use the Service. RealZono reserves the right to terminate at any time. You may terminate by notifying RealZono and closing your Account. All provisions which by their nature should survive will survive termination.
14. International Users - The Service is controlled and offered from the United States. RealZono makes no representations that the Service is appropriate for use in other locations.
15. Arbitration Agreement - Contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Please read carefully. You may opt out within 30 days by writing to: Legal, 111 Lexington Ave, New York, NY 10016.
General Provisions (16.1-16.12)
16.1. Electronic Communications | 16.2. Assignment | 16.3. Force Majeure | 16.4. Questions: hello@realzono.com | 16.5. Consumer Complaints: CA Dept of Consumer Affairs | 16.6. Agreement Updates | 16.7. Exclusive Venue: Delaware courts | 16.8. Governing Law: Delaware | 16.9. English | 16.10. Notice: legal@realzono.com | 16.11. Waiver | 16.12. Severability
9. Export Control
You may not use, export, import, or transfer the Service except as authorized by U.S. law. The Service may not be exported to embargoed countries or to persons on restricted lists. You represent that you are not located in an embargoed country and are not on any prohibited list.
10. Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.