Terms and Conditions
Updated: September 16, 2024
Introduction
Welcome to DealTrail. These Terms and Conditions (“Terms”) govern your use of our services, which include real estate solutions such as providing white-labeled web platforms, lead generation services, and consultation on business processes and lead campaigns. By accessing or using our website, platform, or any of our services, you agree to comply with these Terms, including any future updates or modifications.
DealTrail is committed to providing high-quality services that help real estate professionals manage their business operations effectively. Please read these Terms carefully, as they set forth the legal agreements and obligations between you (“User,” “you,” or “your”) and DealTrail (“we,” “our,” or “us”). If you do not agree to these Terms, you must discontinue using our services immediately.
By continuing to use DealTrail’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional guidelines or policies referenced herein. This includes but is not limited to our Privacy Policy, compliance with A2P messaging regulations, and adherence to the requirements of relevant state and federal laws, including California law.
These Terms may be updated from time to time, and we will notify you of significant changes by posting them on our website or through other appropriate communication channels. Continued use of our services after such changes will constitute your acceptance of the revised Terms.
If you have any questions about these Terms, feel free to contact us at [email protected].
Message Services
As part of DealTrail’s offerings, we provide various communication services, including SMS (text messaging), email notifications, and other forms of electronic messaging (collectively, “Message Services”). By using our Message Services, you consent to receive communications from us, including but not limited to CRM updates, lead alerts, marketing messages, transactional notifications, and service-related information.
Types of Messages
DealTrail may send you different types of messages depending on the services you use, including:
Transactional Messages. Messages related to your use of our platform and services, such as account updates, CRM notifications, or confirmations of actions taken (e.g., lead submission or payment processing).
Marketing and Promotional Messages. Offers, promotions, and marketing communications regarding DealTrail’s services, features, and updates. You must provide express consent to receive these messages.
Lead Notifications. Notifications related to the availability of leads, including updates on new or available opportunities, designed to help you maximize your real estate business.
Purchase and Payment Updates. Updates related to your payments, including but not limited to confirmation of successful transactions, pre-authorization holds, invoicing, and receipts.
User Consent and Opt-In
By providing your phone number and opting into our messaging services, you agree to receive these types of communications in compliance with applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and A2P (Application-to-Person) messaging guidelines.
Opt-Out Instructions
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
Request for Assistance
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected].
Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. DealTrail will take all reasonable steps to ensure message delivery, but we cannot be responsible for technical issues on the carrier side.
Message and Data Rates
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
Message and Data Rates
Credit Card Authorization and Payment Terms
Payment Methods
We accept the following payment methods for our services: Credit Cards (Visa, MasterCard, American Express, and Discover)
Recurring Payments and Subscriptions
For services provided on a subscription basis, payments are due on a monthly basis. You will be billed automatically at the start of each billing cycle. By subscribing to our services, you authorize DealTrail to charge the applicable subscription fee to your credit card on a recurring monthly basis.
Billing Cycle. Each subscription term is one month long, beginning on the date of the initial payment.
Automatic Renewal. Subscriptions will automatically renew at the end of each billing cycle unless canceled in accordance with our cancellation policy.
Single-Purchase Services
For one-time purchases or services that do not involve a subscription, full payment is required at the time of purchase. Payment must be received before the provision of the service.
Payment is due immediately upon confirmation of the purchase or service request.
Payment Authorization
To use certain services offered by DealTrail, you may be required to provide credit card information. This information will be used to authorize and process payments for services such as CRM subscriptions, lead generation, and consultation services. By providing your credit card information, you authorize DealTrail to charge your credit card for any applicable fees associated with the services you select.
Payment Authorization
To use certain services offered by DealTrail, you may be required to provide credit card information. This information will be used to authorize and process payments for services such as CRM subscriptions, lead generation, and consultation services. By providing your credit card information, you authorize DealTrail to charge your credit card for any applicable fees associated with the services you select.
PCI DSS Compliance
DealTrail is committed to protecting your payment information and complies with the Payment Card Industry Data Security Standard (PCI DSS). This compliance ensures that your credit card information is securely handled and protected against unauthorized access or disclosure.
Credit Card Storage and Encryption
Your credit card information will be stored securely using industry-standard encryption methods. We do not store sensitive card information such as your CVV (Card Verification Value) after authorization. Your credit card information is used solely for processing payments and will not be used for any other purpose.
Pre-Authorization and Charges
For certain single-purchase services such as lead generation, we may place a pre-authorization hold on your credit card. This hold ensures that the card is valid and has sufficient funds for the services requested. The final charge will be processed based on the actual amount of services provided. For subscription-based services, recurring charges will be applied as per the billing cycle selected
Billing and Invoicing
DealTrail will provide invoices or receipts for all transactions processed. These documents will be sent to you via email or available in your account dashboard. It is your responsibility to review these documents for accuracy and notify us of any discrepancies promptly.
Dispute Resolution
If you believe there is an error or issue with a charge on your account, please contact our customer support team at [email protected] within 30 days of the transaction. We will review your inquiry and work to resolve any disputes as quickly as possible.
Refunds and Cancellations
Refunds for services are subject to our cancellation policy. If you cancel a service, we will process any applicable refunds in accordance with our refund policy. Please refer to the cancellation section of these Terms for more details.
Changes to Payment Terms
DealTrail reserves the right to change its payment terms, including fees and billing practices, at any time. We will notify you of any changes by posting updates on our website or through other communication channels. Continued use of our services after such changes will constitute your acceptance of the updated terms.
Cancellation Policy
Service Cancellation
You may cancel any service provided by DealTrail at any time. To cancel a service, please follow these instructions:
For Subscription-Based Services: Log in to your account and navigate to the billing or subscription management section. Select the subscription you wish to cancel and follow the on-screen instructions to complete the cancellation process. You may also contact our customer support team at [support email address or toll-free number] for assistance with your cancellation.
For One-Time Purchases or Pay-As-You-Go Services: For single-purchase services, you can cancel by contacting our customer support team at [email protected]. Provide your account details and the service you wish to cancel. We will confirm your cancellation request and provide any necessary instructions.
Lead Notifications. Notifications related to the availability of leads, including updates on new or available opportunities, designed to help you maximize your real estate business.
Purchase and Payment Updates. Updates related to your payments, including but not limited to confirmation of successful transactions, pre-authorization holds, invoicing, and receipts.
Refunds
Refunds for canceled services are subject to our refund policy, which varies depending on the type of service and the timing of your cancellation.
For Subscription-Based Services: If you cancel a subscription before the end of the billing cycle, you will not be charged for the subsequent period. However, charges for the current billing period are non-refundable.
For One-Time Purchases or Pay-As-You-Go Services: Refunds for one-time purchases or pay-as-you-go services may be available based on the terms of the specific service. Please contact customer support for information about eligibility and the refund process.
Cancellation Confirmation
Upon successful cancellation of a service, you will receive a confirmation email or notification confirming the cancellation. This confirmation will include details about the cancellation and any applicable refunds or adjustments.
Account Termination
DealTrail reserves the right to terminate your account or access to our services if you breach these Terms and Conditions or engage in fraudulent or abusive behavior. In such cases, no refunds will be provided for unused services.
Changes to Cancellation Policy
DealTrail may update or modify this Cancellation Policy from time to time. Any changes will be communicated via our website or through other appropriate channels. Continued use of our services after such changes constitutes acceptance of the updated policy.
Privacy Policy
At DealTrail, we are committed to protecting your privacy and ensuring that your personal information is handled with the utmost care. Our Privacy Policy outlines how we collect, use, and safeguard your data when you interact with our services, including through our website, platform, and communication channels.
You can review our full Privacy Policy at [link to privacy policy].
Account and Service Usage
Account Creation and Responsibility
To access certain features of DealTrail’s services, you must create an account. You are responsible for providing accurate, complete, and current information during the registration process. You must also maintain the security of your account by protecting your login credentials and promptly notifying us of any unauthorized use of your account.
Account Security
You are responsible for all activities that occur under your account. If you believe your account has been compromised or if there is any unauthorized use of your account, you must contact our support team immediately at [email protected]. We are not liable for any losses or damages resulting from unauthorized use of your account.
Service Usage
You agree to use DealTrail’s services in accordance with these Terms and any applicable laws and regulations. You must not use our services for any illegal or unauthorized purposes, including but not limited to:
Fraudulent Activity. Using our services to engage in fraudulent, deceptive, or misleading activities.
Abusive Behavior. Harassing, threatening, or defaming others through our services.
Prohibited Content. Distributing content that is unlawful, defamatory, obscene, or otherwise objectionable.
Service Restrictions
DealTrail reserves the right to impose limits on your use of our services or restrict access to certain features if you violate these Terms or if we believe such measures are necessary to protect the integrity of our services. This may include suspending or terminating your account.
Service Availability
While we strive to provide uninterrupted access to our services, DealTrail does not guarantee that our services will be available at all times or without errors. We may perform maintenance or updates that may temporarily affect service availability. We are not liable for any interruptions or issues that may arise during such maintenance periods.
User-Generated Content
You are solely responsible for any content you generate or transmit through our services. By using our services, you grant DealTrail a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content for the purpose of providing and improving our services. You retain ownership of your content and are responsible for any claims arising from it.
Termination of Account
DealTrail reserves the right to terminate your account or access to our services if you breach these Terms or engage in prohibited behavior. Upon termination, you will lose access to your account and any associated data. We may provide notice of termination via email or through other communication channels.
Changes to Service Terms
DealTrail may update or modify these Terms from time to time. Any changes will be communicated via our website or through other appropriate channels. Continued use of our services after such changes constitutes acceptance of the updated Terms.
Limitation of Liability
General Disclaimer
To the fullest extent permitted by law, DealTrail and its officers, directors, employees, and agents (collectively, “DealTrail Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, or data, arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages.
Service Availability and Errors
DealTrail does not guarantee that our services will be uninterrupted, error-free, or free of viruses or other harmful components. While we strive to maintain the functionality and security of our services, we are not liable for any errors, interruptions, or failures that may occur, or for any loss or damage resulting from such issues.
Limitation of Liability
In no event shall the total liability of DealTrail and the DealTrail Parties to you for any claim arising out of or relating to these Terms or your use of our services exceed the amount paid by you to DealTrail for the specific service giving rise to the claim during the three (3) months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless DealTrail and the DealTrail Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our services, violation of these Terms, or infringement of any intellectual property or other rights.
Force Majeure
DealTrail shall not be liable for any failure to perform its obligations under these Terms if such failure is due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, war, terrorism, or other events that are beyond the control of DealTrail.
DealTrail is not liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to, natural disasters, acts of government, war, or other disruptions.
Exclusions
Some jurisdictions do not allow the exclusion or limitation of certain types of liability, so the above limitations may not apply to you. In such cases, DealTrail’s liability will be limited to the maximum extent permitted by law.
Modifications to Terms
Right to Modify
DealTrail reserves the right to modify or update these Terms and Conditions at any time, in its sole discretion. Such modifications may be necessary to comply with legal requirements, accommodate changes in our business practices, or improve our services.
Notification of Changes
When we make significant changes to these Terms, we will notify you by posting the updated Terms on our website or through other appropriate communication channels. The date of the most recent revision will be indicated at the top of the Terms.
Effective Date of Changes
Modifications to these Terms will become effective on the date they are posted or as otherwise specified in the notification. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.
Responsibility to Review
It is your responsibility to review these Terms periodically to stay informed of any changes. DealTrail will not be responsible for any consequences arising from your failure to review the updated Terms.
No Retroactive Effect
Modifications to these Terms will not apply retroactively to any transactions or activities that occurred prior to the effective date of the changes. However, any new or modified terms will apply to all ongoing or future use of our services.
Termination for Non-Acceptance
If you do not agree with any changes made to these Terms, you may terminate your use of our services by following the cancellation procedures outlined in these Terms. Continued use of our services after the changes become effective will be deemed as your acceptance of the revised Terms.
Contact Information
Customer Support
For any questions, concerns, or issues related to our services or these Terms and Conditions, please contact our customer support team. We are here to assist you and address any inquiries you may have.
Email: [email protected]
Phone: (424) 466-4700
Mailing Address:
Michael Ventures LLC
915 N La Brea Ave #332
Los Angeles, CA 90038
Business Hours
Our customer support team is available Monday to Friday 9:00 AM - 8:00 PM Pacific Time.
Additional Inquiries and Feedback
For inquiries related to our Terms of Service and other related topics, please contact us at [email protected]
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