Terms of Service

BrokerNest Ai Services

Last Updated: April 8, 2026

Who We Are

BrokerNest Ai Services LLC, a Florida limited liability company, and BrokerNest Ai Services Inc., a Canadian corporation, together operating as BrokerNest AI ("BrokerNest AI," "we," "us," or "our"), provide AI-powered communication, automation, and appointment-booking tools for real estate professionals.

These Terms of Service ("Terms") govern your access to and use of our software, website, integrations, AI-powered voice and SMS tools, and related services (collectively, the "Services").

By executing an order form, clicking to accept, submitting information through our website, or accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not use the Services.

1. Services

BrokerNest AI provides software and services designed to help real estate professionals manage lead follow-up, communication workflows, appointment booking, CRM-connected automation, and related AI-assisted operational tasks.

We may modify, improve, suspend, or discontinue parts of the Services from time to time.

2. Eligibility and Authority

You represent and warrant that:

  • you are at least 18 years old
  • you have the legal authority to bind yourself or the entity you represent
  • you will use the Services only in compliance with applicable law

3. Customer Responsibilities

You are responsible for:

  • maintaining the security of your account
  • ensuring users under your account act in compliance with these Terms
  • all activity occurring through your account
  • the legality, accuracy, and appropriateness of the data you upload or use through the Services

4. AI-Assisted Communications and Consent

4.1 Customer Responsibility for Consent
You represent and warrant that, before using any feature of the Services that sends, facilitates, initiates, schedules, or automates communication with any person, you have obtained all necessary consent, authorization, and legal basis required under applicable law.

This includes, without limitation:

  • AI-generated SMS or text messages
  • AI-initiated or AI-assisted voice calls
  • automated emails
  • appointment confirmations and reminders
  • lead reactivation campaigns
  • follow-up sequences

4.2 Communication Laws
You agree to comply with all applicable laws, regulations, and industry requirements governing electronic and telephonic communications, including as applicable:

  • TCPA
  • CAN-SPAM
  • CASL
  • state and provincial telemarketing laws
  • national, state, and provincial do-not-call rules
  • carrier and messaging provider requirements
  • real estate industry communication rules in applicable jurisdictions

4.3 Consent Records
You are solely responsible for obtaining, documenting, and retaining records of consent, including the date, time, method, and scope of consent obtained.

4.4 AI Communications
You acknowledge that the Services may automatically generate and send communications based on your settings, workflows, prompts, triggers, or instructions. Enabling such features constitutes your authorization for BrokerNest AI to send communications on your behalf.

4.5 Opt-Out Compliance
You must honor all opt-out requests. You may not use the Services to contact any person who has:

  • opted out
  • requested not to be contacted
  • been placed on a do-not-contact list
  • not provided the legally required consent

4.6 SMS Messaging Program Disclosure

Program name: BrokerNest AI Lead Engagement

Program description: Two-way conversational SMS between an AI Inside Sales Agent and real estate leads who have opted in by inquiring about a property. The AI answers inventory questions, captures contact details and consent, sends branded property packages by email, and books phone appointments with a human agent.

Message frequency: Variable, depending on the lead's engagement. Most conversations involve 5–20 messages over a few days; some extend longer if the lead continues the dialogue.

Message and data rates: Msg & data rates may apply per your mobile carrier's plan.

Opt out: Reply STOP to any message to immediately unsubscribe from all further BrokerNest AI messages. Opt-out is automatic and irreversible without a new consent from you.

Help: Reply HELP to receive support contact info, or email hello@brokernest.ai for assistance with opt-out, account, or message-delivery questions.

Customers using BrokerNest AI to send SMS on their own behalf are responsible for ensuring recipients are provided with the disclosures above and any others required by law, carrier rules, or messaging provider requirements.

4.7 No Cold Spam or Purchased Lists
You may not use the Services for unsolicited outreach, spam, purchased contact lists, scraped contact lists, or any messaging or calling activity that lacks the required legal basis or consent.

5. Communication Outcome Disclaimer

You acknowledge that AI-generated communications may occasionally contain errors, inaccuracies, delays, omissions, or inappropriate responses.

BrokerNest AI does not guarantee:

  • the accuracy of AI-generated responses
  • the appropriateness of any communication
  • that any message, call, or email will be delivered successfully
  • any appointment outcome
  • any business result arising from use of the Services

You are responsible for monitoring and supervising your use of AI-assisted communications.

6. Appointments and Scheduling

You are solely responsible for:

  • attending scheduled meetings
  • managing booked appointments
  • following up with leads and contacts
  • confirming that meeting details are accurate

BrokerNest AI is not responsible for missed meetings, failed scheduling outcomes, late attendance, lost revenue, or missed business opportunities.

7. Fees and Payment

If you purchase paid Services, you agree to pay all fees specified in the applicable order form, subscription plan, invoice, or checkout flow.

Unless otherwise stated:

  • fees are billed in advance
  • fees are non-refundable except where explicitly stated otherwise
  • we may suspend access for overdue accounts

8. Intellectual Property

BrokerNest AI retains all right, title, and interest in and to the Services, software, systems, workflows, prompts, interfaces, branding, and related intellectual property, excluding Customer Data.

You retain ownership of your Customer Data.

9. Confidentiality

Each party agrees to protect the other party's confidential information and to use it only as necessary to perform under these Terms or an applicable commercial relationship.

10. Privacy

Your use of the Services is also governed by our Privacy Policy.

11. Suspension and Termination

We may suspend or terminate your access to the Services if:

  • you violate these Terms
  • you use the Services in a way that creates legal, compliance, carrier, reputational, or operational risk
  • your fees are overdue
  • we believe your communications are unlawful, deceptive, non-consensual, or spam-like

You may stop using the Services at any time.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, BrokerNest AI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

13. Limitation of Liability

To the fullest extent permitted by law, BrokerNest AI shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost business opportunities, or reputational harm.

BrokerNest AI's total aggregate liability arising out of or relating to the Services shall not exceed the fees paid by you to BrokerNest AI during the six months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless BrokerNest AI and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from:

  • your use of the Services
  • your violation of these Terms
  • your failure to obtain required consent
  • your violation of communication or privacy laws
  • any communication sent through the Services on your behalf

15. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.

16. Contact

BrokerNest Ai Services Inc.
777 Brickell Avenue #500-91927
Miami, Florida 33131, USA
legal@brokernest.ai

Last Updated: April 8, 2026