Terms of Use

Effective Date: [January 1, 2026]

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.

By accessing, purchasing, or using the services, custom GPTs, agents, workflows, white-label tools, and software provided by AI Powered Assets, LLC (“we,” “us,” “our,” or the “Company”) (collectively, the “Service”), you (“you,” “user,” or “Client”) agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Service.

IMPORTANT: These Terms contain important disclaimers, limitations of liability, and indemnification provisions. Please review Sections 3, 8, 9, and 12 carefully.

1. Description of Service

AI Powered Assets is a boutique consultancy that builds proprietary, white-label artificial-intelligence tools (custom GPTs) for real estate professionals, including brokerage owners, agents, investors, coaches, and title companies. Rather than renting a generic tool, Clients receive AI trained on their own standard operating procedures, contracts, scripts, and brand voice, deployed under their own logo and domain, with their data held in a dedicated, siloed sub-account.

(NOTE: Clients can opt for basic hosting, i.e., standard AI tools).

The Company operates on a “Fractional CTO” model: we host the underlying infrastructure, manage third-party application programming interface (API) keys, and handle updates, while the Client and the Client’s team access the tools in plain language. The Service uses Retrieval-Augmented Generation (RAG) techniques and configured guardrails so that outputs are governed by the Client’s own rules and source documents. The Service is intended to provide analysis, generate content, and assist with professional workflows. It does not provide, and is not a substitute for, legal, financial, tax, appraisal, or other professional advice.

1.1. Beta Status. Portions of the Service are offered on a beta basis, including free test drives and free public tools. Beta features are provided for evaluation, may be changed, limited, or discontinued at any time, and may not perform as intended.

2. Eligibility and User Accounts

2.1. Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

2.2. Accounts. To access the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the Service only for lawful purposes and in accordance with these Terms and any usage policies of our Third-Party AI Providers (defined below).

3. Third-Party Dependency and Service Availability

3.1. Acknowledgment of Third-Party Reliance.
 

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BUILT UPON AND IS FUNDAMENTALLY DEPENDENT ON THE SERVICES, APIS, AND INFRASTRUCTURE OF THIRD-PARTY PROVIDERS, INCLUDING ONE OR MORE THIRD-PARTY ARTIFICIAL-INTELLIGENCE PROVIDERS (THE “THIRD-PARTY AI PROVIDERS”) AND OTHER VENDORS (HOSTING, PAYMENT PROCESSING, AND ANALYTICS). OUR ABILITY TO DELIVER THE SERVICE IS DIRECTLY CONTINGENT UPON THE CONTINUED OPERATION AND AVAILABILITY OF THESE THIRD-PARTY SERVICES.

3.2. No Guarantee of Uninterrupted Access. While we strive to provide a reliable and available Service, we cannot and DO NOT GUARANTEE 100% UPTIME or continuous, uninterrupted, or error-free access to the Service.

3.3. Disclaimer for Service Interruptions. You acknowledge that access to the Service, including all custom GPTs and AI-powered assets, may be interrupted, suspended, delayed, or terminated at any time, with or without notice, due to issues beyond our direct control, including but not limited to:

Failures, outages, or maintenance of any Third-Party AI Provider’s systems or infrastructure;

Changes to any Third-Party AI Provider’s terms, services, models, or API that impact our Service;

Network intrusions, denial-of-service attacks, or other security events affecting us or any third-party provider; and

Any other force majeure event.

3.4. No Liability for Downtime. AI POWERED ASSETS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR HARM OF ANY KIND, WHETHER DIRECT OR INDIRECT, RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR UNAVAILABILITY OF THE SERVICE, REGARDLESS OF THE CAUSE. Your sole remedy for any dissatisfaction related to service availability is to stop using the Service.

4. Intellectual Property and Ownership

4.1. Company Intellectual Property. Except for the Client Property described in Section 4.2, we own all right, title, and interest in and to the Service, including the platform, the user interface, our branding, our pre-built tool templates and “snapshots,” our underlying prompt architecture and engineering, and all software and technology used to provide the Service.

4.2. Client Property. As between the parties, you retain all ownership rights to (a) the information, documents, and data you input into the Service (“Input”); (b) your name, logo, domain, and brand assets; and (c) subject to your compliance with these Terms, the output generated by the Service based on your Input (“Generated Content”). We grant you full ownership and commercial rights to your Generated Content. You are solely responsible for ensuring that your Input and use of the Generated Content do not violate any law or infringe any third-party right.

4.3. Custom and White-Label Builds. For a custom or white-label build, you own your Input, your Generated Content, your brand assets, and your siloed data. We retain ownership of the underlying platform, infrastructure, reusable tool templates, and general prompt-engineering methodology, which we license to you for use with the Service for so long as your subscription or engagement is active.

5. Fees, Payment, and Subscriptions

5.1. Entry Offers (Credited Deposits). The AI Estimator is offered for $75 and the Architect Consultation is offered for $150. Each is a one-time charge, and 100% of the amount paid is credited toward the invoice for a subsequent build if you proceed. These entry fees are non-refundable if you do not proceed with a build, except where a refund is required by law.

5.2. Subscriptions and Custom Builds. If you subscribe to a paid tier of the Service (including White-Label hosting and support) or engage us for a custom build, you agree to pay all applicable fees at the prices and on the terms disclosed to you at the time of enrollment or in a separate order or statement of work. Except as stated in Section 5.1 or as required by law, all fees are non-refundable.

5.3. Automatic Renewal. Subscription plans may automatically renew at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. We will disclose the renewal price, billing interval, and cancellation method at the point of purchase, and will provide any notices required by applicable automatic-renewal laws. You may cancel as described in your account or by contacting us at the number or address above.

6. Acceptable Use and User Compliance Obligations

You agree not to use the Service to:

Generate content that is illegal, harmful, hateful, harassing, or that violates the rights of others;

Attempt to reverse-engineer, decompile, or discover the underlying source code, models, or prompts of the Service; or

Engage in any activity that could disable, overburden, or impair the Service or any underlying third-party infrastructure, or that violates any Third-Party AI Provider’s usage policies.

6.1. Professional and Regulatory Responsibility. You are solely responsible for your own compliance with all laws and professional obligations applicable to your business, including fair-housing and anti-discrimination laws, real estate licensing and advertising rules, multiple-listing-service (MLS) rules, telemarketing and text-messaging laws (including the Telephone Consumer Protection Act (TCPA) and analogous state laws), and any AI-disclosure requirements. Any compliance-screening, fair-housing, or disclosure features in the Service are automated aids only; they do not constitute legal advice and do not guarantee compliance. You must independently review all Generated Content before use.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE THAT THE GENERATED CONTENT IS PRODUCED BY ARTIFICIAL INTELLIGENCE AND MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND VALIDATING ALL GENERATED CONTENT FOR ACCURACY, LEGALITY, AND APPROPRIATENESS BEFORE USE. DO NOT RELY ON THE GENERATED CONTENT AS LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AI POWERED ASSETS, ITS AFFILIATES, MEMBERS, DIRECTORS, OR EMPLOYEES 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 USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; OR (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE AS DESCRIBED IN SECTION 3.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AI POWERED ASSETS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST ONE (1) MONTH FOR THE SERVICE GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless AI Powered Assets and its officers, directors, members, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to reasonable attorneys’ fees) arising from your use of and access to the Service, your Input or Generated Content, or your violation of any term of these Terms or any applicable law.

10. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

10.1. Informal Resolution. Before initiating any arbitration or proceeding, you and AI Powered Assets agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") informally. The party raising the Dispute must send a written notice describing the Dispute and the relief sought to the other party (to AI Powered Assets at 123 E Main St, Marlton, NJ 08053, or [[email protected] — confirm address]). The parties will negotiate in good faith for at least [30/60 — confirm] days from the date the notice is received. If the Dispute is not resolved within that period, either party may commence arbitration.

10.2. Agreement to Arbitrate. Except as provided in Section 10.6, any Dispute that is not resolved informally shall be resolved exclusively by final and binding arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

10.3. Arbitration Rules and Forum. The arbitration shall be administered by [the American Arbitration Association ("AAA") under its Consumer Arbitration Rules / JAMS under its applicable rules — confirm administrator], as those rules are in effect at the time arbitration is commenced and as modified by these Terms. The arbitration shall be conducted by a single arbitrator. The seat and location of the arbitration shall be [Burlington County], State of [New Jersey], provided that the arbitrator may allow telephonic or video appearances and, where the applicable rules permit, the arbitration may be conducted on a documents-only or remote basis. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

10.4. Arbitrator's Authority. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute, including any question concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court shall decide whether the class-action waiver in Section 10.5 is enforceable. The arbitrator may award any relief that would be available in a court under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

10.5. Class-Action and Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AI POWERED ASSETS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. YOU AND AI POWERED ASSETS ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY. If this Section 10.5 is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and adjudicated in a court of competent jurisdiction under Section 13, while all other claims proceed in arbitration.

10.6. Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

10.7. Costs and Fees. Payment of filing, administrative, and arbitrator fees shall be governed by the applicable arbitration rules, except that AI Powered Assets will pay or reimburse any portion of such fees that the arbitrator determines to be excessive by comparison to the cost of litigation, or as otherwise required by the administrator's rules or applicable law. Each party shall otherwise bear its own attorneys' fees and costs, unless a statute or the arbitrator's award provides otherwise.

10.8. Opt-Out. You may opt out of this Section 10 by sending written notice of your decision to opt out to [[email protected] — confirm address] within [30] days after you first accept these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor AI Powered Assets will be bound by Sections 10.2 through 10.5, and Disputes will be resolved in the courts identified in Section 13.

10.9. Severability and Survival. If any portion of this Section 10 (other than Section 10.5, which is governed by its own terms) is found unenforceable, that portion shall be severed and the remainder shall remain in effect. This Section 10 survives termination of these Terms and your use of the Service.

11. Confidentiality and Data Processing

Each party may receive confidential information of the other. We will handle your Input and data in accordance with our Privacy Policy. Because we host and process data on your behalf — and, in white-label deployments, may process personal information belonging to your own end users — the parties may enter into a separate Data Processing Addendum governing those roles and responsibilities.

12. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or through other communication channels. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Governing Law and Venue

These Terms shall be governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles. Subject to any dispute-resolution provision adopted under Section 10, the state and federal courts located in New Jersey shall have exclusive jurisdiction and venue over any dispute arising under these Terms.

14. Miscellaneous

These Terms, together with any order form, statement of work, or Data Processing Addendum, constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

15. Contact Information
If you have any questions about these Terms, please contact us at:

AI Powered Assets, LLC · 123 E Main St, Marlton, NJ 08053 · (856) 322-2246 · [[email protected] — confirm address]