These Terms of Service ("Agreement") govern your access to and use of the ShowSmartly platform, including any applications, tools, and services provided by ShowSmartly, LLC ("Company," "we," "us," or "our"). By using the Service, you agree to be bound by this Agreement.
1. Use of the Service
We grant you a limited, non-exclusive, non-transferable, revocable right to access and use our SaaS platform for your internal business purposes. You agree not to misuse the Service or use it in violation of any applicable law or regulation.
2. Services
ShowSmartly provides four integrated products. Your responsibilities and our role with respect to each are described below.
2a. Email Automation
- The Service monitors your connected Gmail or Outlook inbox for showing confirmation emails.
- The Service uses AI to extract showing details from these emails.
- The Service automatically sends commission disclosure emails and commission request emails to listing agents using your email account.
- ShowSmartly does not set, determine, or advise on commission rates. You are solely responsible for providing accurate commission information.
- Automated emails are sent from your email account and appear to come from you.
- You remain responsible for all communications sent through the Service.
2b. Multi-Offer AI Analysis
- You may upload offer documents for AI-assisted parsing, ranking, and seller-ready summaries.
- AI rankings, risk flags, and recommendations are decision-support tools only and do not constitute legal, financial, or fiduciary advice.
- You are solely responsible for verifying offer terms against the source documents and for any advice or representation made to your seller.
2c. Team KPI Benchmarking & Forecasting
- When you connect Follow Up Boss, the Service syncs deals, pipeline activity, appointments, calls, texts, and notes to compute KPIs and seasonality-aware forecasts.
- Forecasts and benchmarks are estimates based on historical data and may not reflect future results. They are not financial guarantees.
- You are responsible for ensuring you have the right to share team-member activity data with the Service.
2d. DISC Profile Analysis
- DISC profiles and communication recommendations are informational only.
- The Service is not a clinical, psychological, hiring, or employment-decision tool. Do not use DISC outputs as the sole basis for hiring, promotion, termination, or any other employment decision.
3. Real Estate Regulatory Compliance
- Not a Broker: ShowSmartly is not a licensed real estate broker, agent, or legal advisor.
- Commission Responsibility: You are solely responsible for setting, verifying, and communicating accurate commission rates.
- Advertising Regulations: You are responsible for ensuring all automated communications comply with state and federal advertising regulations.
- Disclosure Requirements: You must comply with all applicable MLS rules, state licensing board requirements, and broker policies.
- NAR/DOJ Settlement Compliance: You are responsible for understanding and complying with rules regarding buyer-agent compensation communication.
- Fiduciary Duty: Multi-offer summaries and rankings do not replace your fiduciary review and counsel to your seller.
- State-Specific Rules: You must ensure your use of the Service complies with the laws of the state(s) where you practice.
4. AI-Generated Output Disclaimer
- The Service uses artificial intelligence to extract information and generate content across all four products — including showing-email extraction, multi-offer analysis and rankings, team KPI insights and forecasts, and DISC profiles.
- AI outputs may contain errors, omissions, or inaccuracies. Periodically review your properties, email logs, offer summaries, KPI dashboards, and DISC results.
- All AI-generated outputs are provided "as-is" and must be reviewed and verified by you before relying on them in any legal, financial, fiduciary, employment, or professional context.
- The AI compliance review feature provides guidance but does not constitute legal advice.
5. User Data & Content
- You retain ownership of the data you input into the platform.
- You grant ShowSmartly a license to use, store, and process such data solely for the purpose of providing and improving the Service.
- By enabling email automation, you authorize us to access your email inbox and send automated responses on your behalf.
- All email credentials and sensitive data are stored encrypted using industry-standard encryption methods.
- We do not store full email bodies long-term.
6. Data Security
- OAuth tokens and API keys are encrypted at rest using PostgreSQL encryption functions.
- All data transmission uses TLS/HTTPS encryption.
- Database access is protected by Row-Level Security (RLS) policies.
- Inbound webhooks are verified using HMAC-SHA256 signatures.
- User-generated content is sanitized to prevent cross-site scripting attacks.
- Signature Images: Logo and signature images you upload are stored in a publicly accessible location.
7. Privacy and Data Processing
- Our Privacy Policy governs how we collect, use, and protect personal information.
- If you process personal data through the Service, you represent that you have obtained all necessary rights and consents.
- We do not sell your data or use your email content for advertising purposes.
8. Professional Use Only
- The Service is intended for use by licensed real estate professionals or authorized representatives.
- You are responsible for ensuring your broker permits the use of automation tools for commission communication.
9. Indemnification
You agree to indemnify, defend, and hold harmless ShowSmartly, its affiliates, officers, and employees from any claims, damages, or liabilities arising from your use or misuse of the Service, your reliance on AI-generated content without verification, inaccurate commission information you provide, or your violation of any law, regulation, or third-party right.
10. Limitation of Liability
To the fullest extent permitted by law, ShowSmartly disclaims all liability for indirect, incidental, special, or consequential damages; errors or inaccuracies in AI-generated communications; loss of data, profits, or goodwill; or regulatory fines resulting from your use of the Service. Our total liability is limited to the amount you paid in the past 12 months or $100, whichever is greater.
11. Termination
We may suspend or terminate your access at our discretion, with or without notice. Upon termination, you must discontinue all use of the Service. You may terminate your account at any time by contacting support.
12. Modifications to These Terms
We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated terms with a new effective date.
13. Governing Law
This Agreement is governed by the laws of the State of Michigan. Disputes will be resolved in courts located in Wayne County, Michigan.
Contact
For legal or compliance questions, contact support@showsmartly.ai.