Terms and Conditions

These Terms apply to all visitors, users, and Clients of the Website and Services. By using the Website or Services, you represent that you have the authority to enter into these Terms, either on your own behalf or on behalf of the entity you represent, in which case “you” and “Client” refer to that entity.

We may require you to affirmatively accept these Terms before accessing certain features. Where you have entered into a separate written service agreement, order form, or statement of work with us, these Terms supplement and are incorporated into that agreement as provided in Section 6.

Where the Website or any registration, checkout, or sign-up process presents these Terms with a checkbox or button to indicate acceptance (for example, “I have read and agree to the Terms and Conditions”), checking the box or clicking to accept constitutes your electronic signature and your binding agreement to these Terms, including the binding arbitration provision and class action waiver in Section 27. If you do not affirmatively accept these Terms where acceptance is requested, you are not authorized to use the Services.

• “Client” means a real estate professional, broker, agent, team, lender, developer, or related business that engages Booked Showing for the Services.
• “Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential.
• “Leads” means prospect or contact information generated, sourced, contacted, or managed in connection with the Services.
• “Client Materials” means data, contact lists, scripts, branding, content, and credentials that the Client provides to or makes available to Booked Showing.
• “Services” means the services described in Section 5 and in any applicable Service Agreement.

You must be at least 18 years of age and legally capable of entering into binding contracts to access or use the Website and Services. By using the Website, you represent and warrant that you meet these requirements and that all information you provide is accurate and current.

The Services are intended for business and professional use within the United States. The Website is not directed to individuals under the age of 18, and we do not knowingly collect information from them.

Certain features of the Website and Services may require you to register for an account. In connection with registration and use of your account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information so that it remains accurate and complete.
• Keep your login credentials confidential and not share them with unauthorized persons.
• Be solely responsible for all activities that occur under your account.
• Notify us immediately at support@bookedshowing.com of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate any account that contains inaccurate information, that we reasonably believe is being used in an unauthorized manner, or that otherwise violates these Terms.

Booked Showing provides business support services for real estate professionals, lenders, developers, brokers, and related businesses. Depending on the engagement, the Services may include, without limitation:

• Lead generation and real estate prospecting
• Lead qualification and nurturing
• Appointment setting and scheduling
• Customer relationship management (CRM) setup and support
• Follow-up and re-engagement campaigns
• Administrative and virtual assistant support
• Customer service and inside-sales support
• Lender and transaction coordination support

The specific scope, deliverables, fees, and duration of any engagement are set out in the applicable Service Agreement, order form, proposal, or statement of work (each, a “Service Agreement”). We may modify, enhance, suspend, or discontinue any feature of the Website or any non-contracted Service at any time. We will use commercially reasonable efforts to provide advance notice of material changes that affect active engagements.

These Terms govern your general use of the Website and Services. Where you and Booked Showing have entered into a separate Service Agreement, that Service Agreement and these Terms are intended to be read together. In the event of a direct conflict between these Terms and an executed Service Agreement, the executed Service Agreement will control with respect to the specific subject matter of the conflict, and these Terms will govern all other matters.

Booked Showing provides administrative, marketing, and business-support services only. Unless expressly stated in writing, Booked Showing is not a licensed real estate brokerage, mortgage lender or broker, law firm, accounting firm, or financial advisor, and does not provide real estate brokerage, legal, lending, tax, appraisal, or investment advice.

Nothing in the Services constitutes, and you should not rely on the Services as, professional advice. Clients are solely responsible for their own licensing, regulatory, fair-housing, advertising, and disclosure obligations, and for all decisions relating to listings, transactions, pricing, and client relationships. You should consult your own licensed professionals before acting on any information provided through the Services.

Booked Showing performs the Services as an independent contractor. Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between the parties. Neither party has authority to bind the other or to incur obligations on the other’s behalf except as expressly set out in a Service Agreement. Each party is responsible for its own personnel, taxes, and expenses.

While we strive to deliver high-quality Services, Booked Showing does not guarantee and makes no representation regarding any particular outcome, including but not limited to:

• Sales or closed transactions
• Revenue increases or business growth
• Lead conversion rates
• Specific appointment or lead volumes
• Response rates from prospects

Results depend on numerous factors outside our control, including market conditions, pricing strategy, Client responsiveness and follow-through, the quality of Client Materials, and the actions of third parties. Any examples, projections, or past performance referenced by us are illustrative only and are not promises of future results.

As between the parties, the Client retains ownership of Client Materials and of the Leads and customer data generated for the Client through the Services, except for any pre-existing tools, templates, software, methods, or know-how owned by Booked Showing. The Client grants Booked Showing a non-exclusive, royalty-free license to use, host, process, and transmit Client Materials solely as necessary to provide the Services.

The Client is responsible for the accuracy and lawful sourcing of all Client Materials and for maintaining its own backups. Upon termination, and subject to payment of all outstanding fees, we will, upon written request, return or make available the Client’s data in a commercially reasonable format and then delete it from our active systems in accordance with our standard retention practices and applicable law.

Fees for the Services are set out in the applicable Service Agreement or invoice. Unless otherwise stated in writing:

• Fees are quoted and payable in U.S. dollars and are exclusive of any applicable taxes, which are the Client’s responsibility.
• Recurring or subscription fees are billed in advance for each billing cycle and authorize us to charge the payment method on file.
• Invoiced amounts are due upon receipt or by the date stated on the invoice.
• Except where required by law or expressly stated in a Service Agreement, fees are non-refundable, including for partially used periods.
• Late or unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend Services until outstanding amounts are paid.

We may revise our fees on a prospective basis upon reasonable advance notice. Continued use of the Services after a fee change takes effect constitutes acceptance of the revised fees.

Automatic renewal and recurring billing.

IF YOU ENROLL IN A RECURRING OR SUBSCRIPTION SERVICE, YOU AUTHORIZE BOOKED SHOWING TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ON FILE AT THE THEN-CURRENT RATE AT THE START OF EACH BILLING CYCLE, AND YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH UNTIL YOU CANCEL.

You may cancel at any time by contacting us at support@bookedshowing.com or, where available, by using the cancellation option in your account settings. Cancellation takes effect at the end of the then-current billing cycle, after which you will not be charged for subsequent cycles; fees already charged for the current cycle are non-refundable except where required by law. We will provide notice of any change to recurring fees a reasonable time before the change takes effect, and your continued subscription after that time constitutes acceptance of the new rate.

You agree that you will not, and will not permit others to:

• Use the Website or Services for any unlawful, fraudulent, deceptive, or harmful purpose.
• Submit false, misleading, or unauthorized information, or impersonate any person or entity.
• Attempt to gain unauthorized access to our systems, accounts, or networks, or probe or test their vulnerability.
• Interfere with, disrupt, or place an undue burden on the Website, Services, or supporting infrastructure.
• Upload or transmit any virus, malware, or other harmful code.
• Reverse engineer, scrape, or systematically extract data except as expressly permitted.
• Use the Services in violation of any applicable federal, state, or local law or regulation, including fair-housing, advertising, anti-spam, telemarketing, and data-protection laws.

By submitting a form, registering an account, or otherwise providing your contact information, you consent to receive communications from Booked Showing related to your account and the Services, which may include:

• Transactional emails and account notices
• Telephone calls
• SMS / text messages, including appointment reminders
• Service updates and operational notices
• Marketing communications, where permitted

Message frequency may vary, and message and data rates may apply. You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications, or you may stop SMS messages by replying STOP and obtain help by replying HELP. Opting out of marketing communications does not affect transactional or service-related messages necessary to administer your account.

Because the Services may involve contacting prospects on a Client’s behalf, both parties are committed to compliance with applicable communications laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, applicable state telemarketing and consent laws, the CAN-SPAM Act, and applicable messaging-platform (10DLC / A2P) requirements.

Client obligations.

The Client is solely responsible for ensuring that all Leads, contact lists, and phone numbers it provides, or directs us to contact, were lawfully obtained and that the Client has secured any consent legally required to contact those individuals by call or text. The Client will not direct outreach to numbers on any applicable Do-Not-Call list or to individuals who have revoked consent, and will promptly process opt-out requests.

Company contact with you.

You agree that Booked Showing may contact you using the contact information you provide, subject to applicable law. Where Booked Showing contacts prospects on the Client’s behalf, it does so based on the Client’s instructions and the Client’s representation that the necessary consents are in place. The Client’s indemnification obligations in Section 24 expressly extend to claims arising from communications consent and telemarketing compliance.

Florida Telephone Solicitation Act (FTSA).

For outreach involving Florida residents, the parties acknowledge the Florida Telephone Solicitation Act (Fla. Stat. § 501.059) and its requirements, which may include obtaining prior express written consent before making certain automated, prerecorded, or text-based telephonic sales communications, honoring opt-out requests, and observing permitted calling hours and frequency limits. The Client is solely responsible for ensuring that any Florida contacts it provides, or directs us to contact, satisfy these requirements, and for promptly notifying us of any opt-out or revocation of consent.

Call monitoring and recording.

Calls made or received in connection with the Services may be monitored or recorded for quality, training, and compliance purposes. Florida is an all-party consent state for the recording of communications under Fla. Stat. Chapter 934. The Client is responsible for any consent or disclosure required for recordings it requests or directs, and Booked Showing will handle any monitoring or recording in accordance with applicable law.

The Client represents and warrants that, with respect to any Client Materials and Leads it provides or instructs us to use:

• The Client owns or has the lawful right to provide them and to authorize the contemplated outreach.
• All legally required notices and consents have been obtained, including any prior express consent required under the TCPA for calls or texts.
• Where required, prior express written consent (as contemplated by the TCPA and the Florida Telephone Solicitation Act) has been obtained before any autodialed, prerecorded, or text-based sales communication.
• Any consent or disclosure required to monitor or record calls has been or will be obtained.
• Their use will not infringe any third-party right or violate any applicable law or contractual obligation.
• The Client will maintain records sufficient to demonstrate the foregoing and will provide them to us upon reasonable request.

All content and materials on the Website and within the Services — including logos, trademarks, service marks, text, graphics, images, video, audio, software, and the overall design and “look and feel” — are owned by or licensed to Booked Showing and are protected by United States and international intellectual property laws.

Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, frame, or otherwise exploit any such content without our prior written consent. All rights not expressly granted are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your internal business purposes. This license does not include any right to resell the Services, or to use them for the benefit of any third party, without our prior written consent.

If you provide us with suggestions, ideas, or other feedback regarding the Website or Services, you grant Booked Showing a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without any obligation or compensation to you.

Each party may receive Confidential Information from the other in connection with the Services. The receiving party will use the disclosing party’s Confidential Information solely to perform under these Terms and any Service Agreement, will protect it using at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to personnel and contractors who need to know it and who are bound by comparable obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law (with reasonable advance notice where permitted). We will use commercially reasonable safeguards to protect Confidential Information; however, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and disclose information.

We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, or disclosure. In the event of a confirmed security breach involving personal information we process, we will notify affected Clients without undue delay and will reasonably cooperate in any notifications required under applicable law, including Florida’s Information Protection Act (Fla. Stat. § 501.171).

Where Booked Showing processes personal information on a Client’s behalf, each party will comply with applicable data-protection laws, and the parties will enter into a data processing addendum (DPA) where required by applicable law. In the event of a conflict between a signed DPA and these Terms on data-protection matters, the DPA will control.

The Website and Services may link to, integrate with, or rely on third-party websites, software, CRMs, dialers, messaging platforms, and other services. We do not control and are not responsible for third-party content, privacy or security practices, availability, or the products and services they offer. Your use of any third-party service is governed by that third party’s terms and is at your own risk.

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKED SHOWING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKED SHOWING AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BOOKED SHOWING ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY THE CLIENT TO BOOKED SHOWING IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY LIMITATION IN THIS SECTION IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL REMAINING LIMITATIONS WILL REMAIN IN FULL EFFECT.

You agree to defend, indemnify, and hold harmless Booked Showing and its officers, employees, contractors, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Website or Services;
• Your violation of these Terms or any applicable law;
• Client Materials, Leads, or instructions you provide, including any claim that outreach you authorized violated the TCPA, the Florida Telephone Solicitation Act, telemarketing, anti-spam, do-not-call, or call-recording requirements;
• Your infringement or misappropriation of any third-party right; or
• Your negligence or willful misconduct.

We will provide reasonable notice of any claim subject to indemnification and may participate in the defense with counsel of our choosing at our own expense.

These Terms apply while you access or use the Website or Services. We may suspend or terminate your access, with or without notice, if we reasonably determine that you have violated these Terms, that suspension is necessary to protect the Website, Services, or other users, or that you have failed to pay amounts when due. The term and termination of any specific engagement are governed by the applicable Service Agreement.

Upon termination, your right to use the Website and Services immediately ceases. Termination does not relieve you of any obligation to pay amounts already incurred. Sections relating to fees already due, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provision that by its nature should survive will survive termination.

Booked Showing will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, labor disputes, internet or telecommunications failures, power outages, acts of government, or third-party service interruptions.

Please read this Section carefully, as it affects your legal rights.

Informal resolution.

Before initiating any formal proceeding, the parties agree to first attempt to resolve any dispute informally by contacting support@bookedshowing.com and negotiating in good faith for at least thirty (30) days.

Binding arbitration.

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where those rules apply), before a single arbitrator, seated in the State of Florida. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

Delegation.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court (and not an arbitrator) has authority to decide the scope and enforceability of the class action waiver below.

Arbitration fees.

Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules and applicable law. Each party is otherwise responsible for its own attorneys’ fees and costs, unless the arbitrator awards them as permitted by law.

Class action waiver.

To the fullest extent permitted by law, disputes will be resolved only on an individual basis, and you waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any representative or class proceeding.

Severability of this Section.

If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in the courts identified in Section 28, while all remaining claims will be arbitrated. If the arbitration agreement as a whole is found unenforceable, any dispute will be resolved in those courts.

Your right to opt out.

You may opt out of this arbitration agreement by sending written notice to support@bookedshowing.com within thirty (30) days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms; if you opt out, disputes will be resolved in the courts identified in Section 28.

Exceptions.

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or Confidential Information.

These Terms are governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, without regard to its conflict-of-laws principles. Subject to the arbitration provisions in Section 27, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida for any matter not subject to arbitration.

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

You consent to receive communications and notices from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to support@bookedshowing.com. Notices to you may be sent to the email address associated with your account.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing.

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between the parties regarding the Website and Services and supersede all prior or contemporaneous understandings on that subject. Section headings are for convenience only and do not affect interpretation.

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date above and, where appropriate, provide additional notice. Changes become effective upon posting to the Website unless otherwise stated. Your continued use of the Website or Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Website and Services.

For questions about these Terms and Conditions, please contact us:

• Booked Showing
• Email: support@bookedshowing.com
• Website: www.bookedshowing.com