Terms & Conditions

1. Introduction

Welcome to YBAi Real Estate, a premier service brought to you by Your Business Advisor. YBAi Real Estate is dedicated to providing membership access to state-of-the-art toolsets, specifically designed to empower and revolutionize the real estate industry. Our services leverage advanced technologies, including the OpenAI API, to offer innovative solutions that meet the dynamic needs of real estate professionals. By accessing and using any of the services provided by YBAi Real Estate, you ("the User") acknowledge and agree to be bound by these Terms and Conditions ("Terms"). These Terms are designed to govern your access to and use of YBAi Real Estate's services, websites, software, and any materials provided by us (collectively, the "Services"). If you disagree with any part of these Terms, you must not use our Services. It is crucial for you to read these Terms carefully before engaging with our Services. They contain important information regarding your legal rights and obligations. These Terms serve as a legally binding agreement between you and YBAi Real Estate, ensuring that by using the Services, you consent to comply fully with them.

1. Introduction

In these Terms and Conditions, the following capitalized terms shall have the meanings set forth below:

  • "Member" refers to any individual or entity that has successfully registered and subscribed to YBAi Real Estate, thereby gaining access to the Services provided by Your Business Advisor under the trading name YBAi Real Estate.

  • "Service" encompasses all services provided by YBAi Real Estate, including but not limited to access to our membership toolsets, any software, applications, data, text, images, videos, and content made available through any of our platforms, websites, or through direct engagement with our team. The Service is designed to support real estate professionals by providing innovative tools and resources to enhance their operations.

  • "Content" means all material, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulas, patterns, data and any other work protected by copyright or any other intellectual property right which is available on or through the Service.

  • "User" refers to any person or entity that accesses or uses the Service, regardless of the manner in which such access occurs. This term is broader than "Member," as it encompasses both registered members and those who visit our website or interact with our services without creating an account.

  • "Terms" or "Terms and Conditions" refer to this document, which outlines the rules and guidelines for using YBAi Real Estate's Service, including any amendments or updates to this document.

  • "We," "Us," "Our" refer to Your Business Advisor, the legal entity offering the Service under the trading name YBAi Real Estate.

  • "You," "Your" refers to the User or Member, as the context requires, who is agreeing to these Terms and Conditions.

Additional terms may be defined in the context within which they are used within these Terms and Conditions and will have the meaning indicated in that context.

3. Membership and Access

Criteria for Membership Eligibility

  • Membership to YBAi Real Estate is available to individuals who are at least 18 years of age and to legal entities that are duly incorporated or otherwise legally recognized under applicable laws. All Members must possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law.

  • By applying for membership, you represent and warrant that all information you submit is truthful, accurate, and up to date. It is your responsibility to maintain the accuracy of this information.

  • YBAi Real Estate reserves the right to refuse membership to any applicant for any reason, at our sole discretion.

Account Registration Process

  • To become a Member and access the Service, individuals or entities must complete the registration process by providing YBAi Real Estate with current, complete, and accurate information as prompted by the registration form.

  • Upon completing the registration process, you will create a username and password to access your account. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your account.

  • You agree to (a) immediately notify YBAi Real Estate of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YBAi Real Estate will not be liable for any loss or damage arising from your failure to comply with this section.

Member Responsibilities

  • Members agree to use the Service in compliance with these Terms and Conditions and applicable laws. Members shall not use the Service to engage in any unlawful activity or conduct that could damage, disable, overburden, or impair any aspect of the Service, or interfere with any other party's use and enjoyment of the Service.

  • Members may not attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.

Conditions Under Which Membership Can Be Revoked or Suspended

  • YBAi Real Estate reserves the right to suspend or terminate your membership and access to the Service at any time, without notice, for any reason, including, but not limited to, breach of these Terms and Conditions, conducting any fraudulent or illegal activities, or failing to pay any fees owed to YBAi Real Estate.

  • Upon termination, your right to use the Service will immediately cease, and YBAi Real Estate may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

  • YBAi Real Estate reserves the right to take any legal action against any member who violates the provisions of these Terms and Conditions.

4. Intellectual Property Rights

Statement of Ownership

YBAi Real Estate, under the trading name of Your Business Advisor, retains all rights, title, and interest in and to the Service, including all related intellectual property rights. The Service includes, but is not limited to, all software, technology, materials, designs, frameworks, logos, and trademarks, as well as any content created or provided by YBAi Real Estate or its affiliates. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of YBAi Real Estate. All trademarks, service marks, logos, trade names, and any other proprietary designations of YBAi Real Estate used herein are trademarks or registered trademarks of YBAi Real Estate. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Use of Outputs for Commercial Purposes

YBAi Real Estate grants Members the right to use any outputs generated through the use of YBAi Real Estate’s software, which utilizes the OpenAI API, for commercial purposes. Members acknowledge that while they are granted the use of these outputs for commercial purposes, the underlying software, data, and intellectual property used to generate these outputs remain the property of YBAi Real Estate and its licensors, including but not limited to OpenAI.Members are responsible for ensuring that their use of the Service and any outputs generated comply with all applicable laws, regulations, and these Terms. The right to use outputs for commercial purposes does not include the right to reproduce, redistribute, resell, or otherwise exploit the Service or its components, including the OpenAI API, except as expressly permitted under these Terms.

Restrictions on Use

Members may not modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the software or technology provided as part of the Service. This restriction includes not using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose. The use of the Service does not grant Members any ownership right to the intellectual property of YBAi Real Estate or its licensors. Members are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content as expressly permitted by these Terms and any other terms and conditions provided by YBAi Real Estate at the time of the Service provision.

5. Use of Service

Guidelines on Acceptable Use

Members are expected to use YBAi Real Estate’s services responsibly and ethically. Acceptable use of our services includes, but is not limited to:

  • Utilizing YBAi Real Estate tools and services for lawful purposes only and in a manner consistent with all applicable local, state, national, and international laws and regulations.

  • Engaging with the service in a way that respects the rights and privacy of other members and does not interfere with their use and enjoyment of the service.

  • Adhering to the terms and guidelines provided by YBAi Real Estate regarding the commercial use of outputs generated through our services.

Prohibitions on Misuse of Services

To maintain the integrity and security of our services, and to ensure a positive experience for all users, the following actions are strictly prohibited:

  • Unauthorized Access: Members may not access, tamper with, or use non-public areas of the service, YBAi Real Estate’s computer systems, or the technical delivery systems of YBAi Real Estate’s providers. Attempting to probe, scan, or test the vulnerability of the service or breach any security or authentication measures without proper authorization is forbidden.

  • Hacking and Modification: Members are prohibited from hacking, altering, or otherwise attempting to modify the service or any of its components in any way. This includes creating or distributing viruses, worms, spyware, malware, or other malicious code designed to harm the service, other users, or any associated networks or systems.

  • Data Mining and Scraping: The use of automated systems, including but not limited to robots, spiders, or offline readers, to access the service in a manner that sends more request messages to the YBAi Real Estate servers than a human can reasonably produce in the same period using a conventional online web browser is prohibited. Members may not scrape, spider, or otherwise collect data from the service without the express written consent of YBAi Real Estate.

  • Infringement of Intellectual Property: Members must respect the intellectual property rights of YBAi Real Estate, its licensors, and third parties. The use of the service to copy, store, transmit, distribute, or otherwise make available any content that infringes upon patents, trademarks, copyrights, trade secrets, or other proprietary rights of any party is strictly prohibited.

Violations of these guidelines may result in the immediate termination of your membership and access to the service, legal action against you, and the notification of law enforcement authorities as deemed necessary by YBAi Real Estate.

6. Third-Party Services and Content

Disclosure of Third-Party Tools

YBAi Real Estate incorporates and relies upon various third-party tools and services to provide the comprehensive features of our service, including but not limited to the OpenAI API and FormWise. These third-party services are integral to the functionality and enhancement of the services offered by YBAi Real Estate and are subject to their own terms of use and privacy policies.Members acknowledge that YBAi Real Estate’s use of these third-party services does not imply endorsement of these services. It is the responsibility of the Member to review and understand the terms and privacy policies of these third-party services before using YBAi Real Estate’s service.

Acknowledgement of Third-Party Terms and Privacy Policies

By using YBAi Real Estate’s services, Members acknowledge and agree that their use of the service may involve interactions with third-party services that have their own terms of use and privacy policies. Members agree to comply with these third-party terms when applicable and understand that their use of third-party services through YBAi Real Estate is at their own risk.

Limitation of Liability Concerning Third-Party Services

YBAi Real Estate shall not be liable for any damages, claims, or losses incurred by the Member, including but not limited to, data loss or corruption, service interruptions, or privacy breaches, arising from or related to the use of third-party services integrated with or accessed through YBAi Real Estate’s service.Furthermore, YBAi Real Estate does not guarantee the availability, reliability, functionality, suitability, or legality of third-party services and content. Members agree that the use of such third-party services and content is solely at their own risk and subject to the terms and conditions of those services.Members understand and agree that YBAi Real Estate disclaims all liability in connection with the use of any and all third-party services and content. YBAi Real Estate will not be a party to, or in any way be responsible for, monitoring any transaction between Members and third-party providers of products or services.

7. Disclaimer Regarding Large Language Model Outputs

Nature of Large Language Model Outputs

YBAi Real Estate’s services utilize advanced Large Language Models (LLMs), including those developed by OpenAI, to generate content and provide insights. While LLMs are a powerful tool for generating information and facilitating decision-making, Members are cautioned that the outputs from these models can occasionally include faulty, inaccurate, or misleading information.

Member Responsibility for Verification

Members acknowledge and agree that it is their responsibility to conduct thorough verification of any data, information, or content generated by YBAi Real Estate’s services before relying on it for professional, legal, or business decisions. This includes, but is not limited to, seeking out additional sources of information, consulting with professionals, or conducting independent research.Members understand that reliance on the outputs generated by LLMs without adequate verification may lead to errors, financial loss, or other damages. As such, Members agree to exercise critical judgment and carry out necessary due diligence.

Limitation of Liability

YBAi Real Estate expressly disclaims any liability for errors, inaccuracies, or the reliability of information generated by the Large Language Models utilized in our services. YBAi Real Estate shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to any reliance on such outputs by the Member.Furthermore, YBAi Real Estate makes no representations or warranties about the accuracy, completeness, or suitability of the information provided by these models for any particular purpose. It is the sole responsibility of the Member to ensure the accuracy, legality, and appropriateness of the content generated through the use of YBAi Real Estate’s services.

8. Payment, Fees, and Renewal

Membership Fees

Members agree to pay the monthly membership fee specified at the time of signing up for YBAi Real Estate’s services. The amount of the monthly membership fee may vary based on the membership plan chosen by the Member at the time of registration or any subsequent upgrades or changes to the membership plan initiated by the Member.

Automatic Renewal

Membership fees are billed on a monthly basis and will automatically renew each month on the date of the initial subscription, without further action by the Member, unless the Member cancels the membership. This automatic renewal ensures uninterrupted access to YBAi Real Estate’s services. Members will be automatically charged the agreed-upon monthly fee using the payment method on file until the membership is cancelled by the Member.

Cancellation Policy

Members may cancel their membership at any time. To cancel, Members must use the cancellation process provided within the YBAi Real Estate platform or contact customer support directly for assistance. Upon cancellation, Members will not receive a refund for any portion of the membership fee for the current billing cycle. Instead, Members will continue to have access to YBAi Real Estate’s services until the end of the current billing period. Membership access will then terminate at the end of the billing cycle in which the cancellation occurred.

No Refunds for Breach of Terms

If a Member’s account is suspended or terminated due to a breach of these Terms and Conditions, the Member is not entitled to any refund for the remaining portion of the current billing cycle. This includes, but is not limited to, breaches involving unauthorized use of the service, illegal activities, or any other violations of YBAi Real Estate’s policies.YBAi Real Estate reserves the right to refuse service, terminate accounts, or suspend accounts if these Terms and Conditions are violated, without providing a refund or prorated refund for any membership fees already paid.

9. Disclaimers and Limitation of Liability

Disclaimer of Warranties

YBAi Real Estate, to the fullest extent permitted by law, provides its services "as is" and makes no representations or warranties of any kind, express or implied, regarding the operation of its services or the information, content, materials, or products included on or through the services. YBAi Real Estate expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.YBAi Real Estate does not warrant that the services, its servers, or email sent from YBAi Real Estate are free of viruses or other harmful components. YBAi Real Estate will not be liable for any damages of any kind arising from the use of its services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Limitation of Liability

YBAi Real Estate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall YBAi Real Estate’s aggregate liability for all claims relating to the services exceed the amount you paid YBAi Real Estate, if any, for access to or use of the service during the past six months. This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction. Members acknowledge that the fees paid by them reflect the allocation of risk set forth in this agreement and that YBAi Real Estate would not enter into this agreement without these limitations on liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless YBAi Real Estate, its parent company Your Business Advisor, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the service, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. YBAi Real Estate will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Scope of Indemnification

This indemnification obligation includes, but is not limited to, any situations arising from:

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