Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Phoenix Real Estate Solutions (“Phoenix RE,” “we,” “us,” or “our”), including any tools that help you generate listing flyers and send marketing emails (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

2. The Service

Phoenix RE lets you generate AI-assisted listing flyers and email copy from property information you provide and send email campaigns to recipient lists you supply. The Service is provided to support your real estate marketing activities; you remain responsible for the content you create and send.

3. Acceptable Use

You agree that you will not:

• Send unsolicited bulk email (spam) or messages that violate the CAN-SPAM Act, CASL, or other applicable anti-spam or marketing laws.
• Email any recipient who did not solicit or consent to receive your message — this includes contacts on a list you upload (a “Bring-Your-Own” list), recipients of a free flyer, and anyone reached through a paid blast.
• Upload recipient lists you do not have a lawful basis to contact, or send to recipients who have opted out.
• Upload consumers, homebuyers, or sellers to the agent network, or represent that non-agent contacts are real-estate agents.
• Use the Service for any unlawful, fraudulent, deceptive, or misleading purpose.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Attempt to disrupt, reverse engineer, or gain unauthorized access to the Service or its systems.

4. Your Content & Recipient Lists

You retain ownership of the property information, recipient lists, and other content you submit (“Your Content”). You grant us a limited license to host, process, and transmit Your Content solely to provide the Service. You represent that you have all rights and permissions necessary for us to use Your Content as described, and that your campaigns comply with applicable law. You are solely responsible for the email lists you upload and the messages you send.

Bring-Your-Own lists and the PRES network. When you upload your own recipient list (a “Bring-Your-Own” or “BYO” list) to send a blast, you authorize Phoenix RE to add those contacts to a private, internal realtor contact list (the “PRES network”), tagged to the relevant listing area. These contacts may be offered to other Phoenix RE agents through the PRES list blast option in the future. We keep the PRES network private — we do not sell it or make it public — and we honor opt-out and unsubscribe requests. By uploading a BYO list, you confirm you have a lawful basis to contact those recipients and to share them with us for this purpose.

Agent network — agents only. Whether you upload contacts or we collect them when you send a listing blast, the information associated with each contact may include their first and last name, role, email address, and the ZIP code of the listing for which they were active. Agent contacts may be added to Phoenix RE’s in-house agent network and used for future agent-to-agent real-estate marketing, including listing notifications from Phoenix RE and other agents on the platform. You represent and warrant that each contact is a licensed real-estate agent or real-estate professional — not a consumer, homebuyer, or seller — and that you have the right to share them with us. We add only agents to the network and never add consumers or market to them. Every agent-to-agent marketing email includes a one-click unsubscribe link, and an agent may opt out at any time. Our sending is designed to comply with the CAN-SPAM Act, and messages are delivered through Amazon Web Services (Amazon SES).

5. AI-Generated Output

The Service uses AI models to help generate flyer and email content. AI output may contain inaccuracies. You are responsible for reviewing and verifying all generated content — including property details, pricing, and claims — before sending or publishing it.

6. Fees & Payment

Some features may require payment. Applicable fees, billing cycles, and plan details will be presented to you before purchase. Unless otherwise stated, fees are non-refundable except as required by law. We may change our pricing on a prospective basis with reasonable notice.

7. Third-Party Services

The Service relies on third-party providers (for example, email delivery, AI model, hosting, and payment providers). Your use of those features may also be subject to the providers’ terms. We are not responsible for third-party services.

8. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that email deliverability will meet your expectations.

9. Limitation of Liability

To the maximum extent permitted by law, Phoenix RE will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Phoenix RE from any claims, damages, liabilities, and expenses arising out of your use of the Service, Your Content, your email campaigns, or your violation of these Terms or applicable law.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or use the Service in a way that could cause harm or legal liability. Provisions that by their nature should survive termination will survive.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact Us

Questions about these Terms? Contact us at [email protected].