Use the product in good faith. Pay for what you use. Your data stays yours. We can suspend abusive accounts. Either side can cancel. Disputes go to arbitration in Delaware unless local law says otherwise.
1. Acceptance
These terms ("Terms") form a binding agreement between you and Mann Holdings Inc., operator of AM Open House ("AM Open House," "we," "us"). By creating an account, accessing the service, or using any part of the AM Open House product (the "Service"), you accept these Terms. If you accept on behalf of a brokerage, organization, or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Accounts
You must provide accurate information when creating an account, keep that information up to date, and maintain the confidentiality of your sign-in credentials. You are responsible for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access. Brokerage administrators are responsible for the conduct of users they invite.
3. Use of the Service
Subject to these Terms and timely payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal real-estate business operations. You may not (a) reverse-engineer, decompile, or attempt to extract the source code of the Service, (b) resell, sublicense, or rent the Service to a third party, (c) use the Service to build a competing product, (d) circumvent any usage limits or technical protection measures, or (e) use the Service in violation of applicable law.
4. Content and data ownership
4.1 Your content
You retain all rights to content you upload, including listing data, branding assets, visitor records, and outbound message templates ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide the Service.
4.2 Visitor data
Visitor records collected at your open houses are Customer Data, owned by your brokerage. We act as a data processor with respect to visitor data. You are responsible for any consents, disclosures, or notices required by law at the point of collection.
4.3 Our intellectual property
The Service, including the software, design, brand, and documentation, is owned by AM Open House and protected by intellectual-property laws. Nothing in these Terms transfers ownership of our intellectual property to you.
4.4 Feedback
If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free, worldwide license to use that feedback without restriction. You will not be entitled to compensation.
5. Fees, billing, and cancellation
5.1 Subscription fees
Paid plans are billed in advance on a monthly or annual cycle, as you select at signup. Fees are non-refundable except as specified in Section 5.4 or where required by law. Annual plans are paid upfront for the term and renew at the same cadence unless cancelled.
5.2 Taxes
Fees are exclusive of any applicable sales, use, value-added, or similar taxes, which you are responsible for paying.
5.3 Auto-renewal
Subscriptions auto-renew at the end of each billing cycle at the then-current rate. You can disable renewal from billing settings or by emailing [email protected] at least one business day before the renewal date.
5.4 Refunds
Team plans qualify for a full refund within 14 days of first payment, no questions. Brokerage onboarding fees are non-refundable. Brokerage subscription fees may be refunded for the first cycle at our discretion. We do not refund partial periods on month-to-month plans after the first cycle.
5.5 Cancellation
You can cancel at any time. Monthly plans stop billing at the next cycle. Annual plans run through the paid term. Cancellation does not immediately delete data; see Section 9 for retention.
5.6 Past-due accounts
If a payment fails, we will retry and notify you. Accounts more than 14 days past due may be suspended. We do not delete data while attempting to recover payment. After 60 days past due, we may terminate the account per Section 10.
6. Acceptable use
You will not use the Service to (a) send spam, unsolicited commercial messages, or messages in violation of applicable email laws including the CAN-SPAM Act, (b) collect personal information without proper notice and consent at the point of collection, (c) infringe intellectual-property rights, (d) harass, defame, or threaten any person, (e) transmit malware or attempt to disrupt the Service, (f) attempt unauthorized access to any system, or (g) use the Service to violate any law applicable to your business, including fair-housing, real-estate licensing, and consumer-protection laws. We may suspend or terminate accounts that violate this section, with or without notice depending on severity.
7. Privacy and security
Our handling of personal information is described in the privacy policy, incorporated by reference. Our security posture is described on the security page. Brokerage clients may request a data processing agreement.
8. Third-party services
The Service may integrate with third-party services such as MLS providers, email platforms, or CRMs. Your use of those services is governed by their own terms. We are not responsible for the availability, accuracy, or content of third-party services.
9. Termination and data export
You may terminate by cancelling your subscription at any time. We may terminate for material breach (with 30 days written notice and an opportunity to cure where curable) or immediately for severe abuse, repeated violations of acceptable use, or non-payment past 60 days. Upon termination, the Service will be made unavailable, but Customer Data will be retained for 90 days to permit export. Export is available via the in-product tools or by request to [email protected]. After 90 days, Customer Data will be deleted from active systems; backups follow the deletion schedule described in our privacy policy.
10. Suspension
We may suspend access to the Service if (a) we reasonably believe a security or legal risk exists, (b) your account is materially past due, or (c) we are required to do so by law or court order. We will restore access promptly once the underlying issue is resolved.
11. Disclaimers
The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements. Any reliance on AI-generated content (such as feedback summaries) is at your own discretion; you remain responsible for the accuracy and appropriateness of communications you send.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data, arising out of or relating to these Terms or the Service. Our aggregate liability for any claim arising from or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us in the twelve months preceding the claim or (b) one hundred United States dollars. The foregoing limitations do not apply to liability that cannot be limited by law.
13. Indemnification
You will defend, indemnify, and hold harmless AM Open House, Mann Holdings Inc., and our officers, directors, employees, and agents from any third-party claim arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Data that infringes third-party rights, or (c) your collection of visitor information without required disclosures or consents. We will promptly notify you of any such claim and reasonably cooperate in defense.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Wilmington, Delaware, by a single arbitrator, in English. Either party may seek injunctive relief in a court of competent jurisdiction for intellectual-property infringement or breach of confidentiality obligations. Both parties waive any right to a jury trial or class action.
15. Modifications
We may update these Terms from time to time. Material changes will be communicated by email to account holders at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, your remedy is to cancel before it takes effect.
16. Miscellaneous
These Terms (together with the privacy policy and any order forms or written agreements signed by both parties) are the entire agreement between us. If any provision is held unenforceable, the remaining provisions will remain in full force. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets. Notices to us should be sent to [email protected]. We may give notice to you by email to your account address or by an in-product message.
17. Contact
Questions about these Terms can be sent to [email protected]. Postal mail can be addressed to Mann Holdings Inc., Legal, in care of the address listed in our corporate filings.