Terms of Service

Arbitration notice — please read

These Terms contain a binding arbitration agreement and a class-action waiver (see "Dispute resolution & arbitration"). They affect your legal rights, including your right to file a lawsuit in court and to have a jury trial, and your ability to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms.

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Newmarket Edge, Inc. ("Newmarket Edge", "we", "us", or "our"). By creating an account, using our websites (newmarketedge.com, newmarkethq.com, app.newmarketedge.com), our mobile apps, or any integration (Gmail, Outlook, Stripe, etc.) — collectively, the "Services" — you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Services. If you use the Services on behalf of a brokerage or other entity, you represent that you're authorized to bind that entity, and "you" includes that entity.

2. Eligibility & accounts

• Agent accounts require an active California Department of Real Estate (DRE) salesperson or broker license. We verify your DRE number at sign-up, and you must keep it current.
• Client / consumer accounts are created via invite from a licensed agent or by sign-up at newmarkethq.com.
• You must be at least 18 years old and able to form a binding contract.
• One account per person. You're responsible for your credentials and all activity under your account, and must notify us promptly of any unauthorized use. Don't share credentials.

3. What we provide — and what we are not

Newmarket Edge provides software tools for licensed California real estate agents: an AI assistant trained in the agent's voice, a client-facing mobile app, meeting recording + transcription, a transaction workspace, content drafting, an agent website (Web Design), MLS search via our data partners, and related features. We may add, change, or remove features over time.

What we are not. Newmarket Edge is software, not a brokerage. We do not represent buyers or sellers, hold a real estate license, or provide legal, tax, financial, or brokerage advice. We are not a party to any real estate transaction. Output from our AI and content features is informational only, may be inaccurate, and must be reviewed by a licensed professional before you rely on or act on it.

4. Subscriptions, billing & automatic renewal

• Agent plans are billed monthly or annually through Stripe. Paid plans begin when you complete checkout. There is no free trial.
• Automatic renewal. Your subscription automatically renews at the end of each billing period (each month or year) at the then-current price, and your payment method is charged, until you cancel. By subscribing, you authorize these recurring charges.
• How to cancel. You may cancel anytime from the Stripe billing portal in your account settings, or by emailing support@newmarketedge.com. Cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable and we don't prorate partial periods.
• Price changes. We may change prices; changes apply to the next renewal after we give you notice, and you may cancel before they take effect.
• Taxes. Prices exclude taxes; you're responsible for applicable taxes.
• Setup / hosting fees. Agent-platform setup fees are $0. Web Design tiers have setup and monthly hosting fees, disclosed at purchase.
• Past-due accounts. If a charge fails, access may be degraded to Pro-equivalent features until payment resumes; after 30 days past due, the account may be suspended.

5. Your content & license

• You own your content — your client lists, photos, voice samples, messages, listings, and reports. We don't claim ownership.
• You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, and transmit your content solely to operate and improve the Services for you, and to route it to service providers (e.g. our AI provider) that help us do so.
• You are responsible for having the rights and any required consents to upload data about your clients or third parties (phone numbers, recordings, photos), and for complying with recording-consent and communications laws.
• You won't upload content that is illegal, infringes others' rights, contains malware, or impersonates anyone.
• You can export your data anytime via Account Settings → Export.

6. AI features — accuracy & your responsibility

The Services use artificial intelligence to draft messages, summaries, listing copy, market analyses, and similar output. AI output may be inaccurate, incomplete, or unsuitable, and is provided for your review only. You are the licensed professional: you must review, edit, and approve all AI output before using or sending it, and you are solely responsible for what you publish or send. We make no warranty that AI output is accurate, compliant, or fit for any purpose. Where required, AI-generated chat is identified as AI.

7. Fair housing & advertising compliance

You are responsible for ensuring all listings, advertising, and communications you produce through the Services comply with the federal Fair Housing Act, California law, real estate licensing and advertising rules, and your MLS rules. Our tools generate drafts; you are the licensed professional who reviews and publishes them.

8. Acceptable use

• No scraping, reverse-engineering, decompiling, or bulk extraction of the Services or our data, except where such restriction is prohibited by law.
• No reselling, sublicensing, or sharing access (only a licensed agent may hold an agent account).
• No using the Services to spam, harass, defraud, or mislead consumers, or to violate fair-housing, telemarketing, or anti-spam law.
• No circumventing rate limits, plan gates, security controls, or usage restrictions.
• No using our AI to impersonate anyone without authorization, or to generate unlawful, infringing, or harmful content.
• No interfering with or disrupting the integrity or performance of the Services.

We may investigate and take action (including suspension) for suspected violations.

9. Connected accounts (Gmail, Outlook, Stripe)

When you connect Gmail or Outlook, you authorize us to read and send email and read/write calendar events on your behalf, per the OAuth scopes you grant. Our handling of that data is described in our Privacy Policy (see the "Google user data — Limited Use disclosure" section). You can disconnect anytime in the dashboard, which revokes access. Stripe processes payments under Stripe's own terms; we never see or store your full card number. Your use of third-party services is subject to their terms.

10. Intellectual property & feedback

The Services, including our software, designs, text, and trademarks, are owned by Newmarket Edge or our licensors and are protected by law. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Services per these Terms; we reserve all other rights. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

11. Copyright / DMCA

We respect intellectual-property rights. If you believe content on the Services infringes your copyright, send a notice with the information required by the DMCA (17 U.S.C. § 512) to legal@newmarketedge.com, including identification of the work, the material, your contact information, a good-faith statement, and your signature. We may remove infringing material and terminate repeat infringers.

12. Termination & suspension

• You may terminate anytime by cancelling your subscription and deleting your account in Settings.
• We may suspend or terminate your access if you violate these Terms, are past due, create risk or legal exposure, or if we discontinue the Services.
• On termination, your license to use the Services ends. We delete personally identifiable account data within 30 days, keeping only what law requires (e.g. tax, fraud). Sections that by their nature should survive (e.g. content license limits, disclaimers, liability limits, indemnification, dispute resolution) survive termination.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, error-free, or that any output (including AI output or MLS data) will be accurate, current, or reliable. Some jurisdictions don't allow certain warranty exclusions, so some may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWMARKET EDGE AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES. Our total liability for all claims relating to the Services is limited to the greater of (a) the amounts you paid us in the three months before the event giving rise to the claim, or (b) US $100. These limits apply even if a remedy fails its essential purpose. Some jurisdictions don't allow certain limitations, so some may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Newmarket Edge and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your content, your use or misuse of the Services, your violation of these Terms or of law (including fair-housing, licensing, privacy, recording-consent, or telemarketing law), or your infringement of any third-party right.

16. Dispute resolution & arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

• Informal resolution first. Before starting arbitration, email legal@newmarketedge.com describing the dispute; we'll try to resolve it within 60 days.
• Binding arbitration. Except as noted below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by a recognized arbitration provider (e.g. JAMS or AAA) under its consumer/commercial rules, before a single arbitrator, seated in or conducted by video for Los Angeles County, California. The Federal Arbitration Act governs this section.
• Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Newmarket Edge waive any right to a jury trial and to participate in a class, collective, or representative action.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@newmarketedge.com with your name and account email within 30 days of first accepting these Terms. Opting out won't affect the rest of the Terms.

17. Governing law & venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, you and Newmarket Edge consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

18. Changes to these Terms

We may update these Terms. We'll post the updated version here and update the date above, and for material changes we'll notify connected agents by email at least 14 days before they take effect (30 days if the change affects how we handle Gmail / Outlook data). Continued use after the effective date means you accept the updated Terms.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is unenforceable, the rest stays in effect.
• No waiver. Our failure to enforce a provision isn't a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them (e.g. in a merger or sale).
• Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You consent to receive notices and disclosures from us electronically.
• Notices. Legal notices to us go to legal@newmarketedge.com.

20. Contact

• Legal: legal@newmarketedge.com
• Support: support@newmarketedge.com
• Privacy: privacy@newmarketedge.com
• Mailing address: Newmarket Edge, Inc., California, USA