Terms of service

1. Agreement and scope

These Terms of Service are an agreement between the organization or person accepting them ("Customer" or "you") and ACER FIVE LLC, doing business as Adamation AI, a Florida limited liability company ("Adamation AI," "we," or "us"). They govern the Adamation AI website, web and mobile applications, managed implementation, automations, support, and related services (the "Service").

By creating an account, signing an order, clicking to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service for a brokerage, team, or other organization, you represent that you have authority to bind it. An order form, implementation agreement, or data processing addendum controls if it expressly conflicts with these Terms.

2. Eligibility and business use

You must be at least 18 and legally able to enter a contract. The Service is designed for real estate professionals and business operations. You are responsible for licenses, brokerage supervision, policies, disclosures, and approvals required for your activities and users.

3. Accounts and administrators

You will provide accurate registration and billing information, protect credentials, use multi-factor authentication when available, and promptly notify us of suspected unauthorized access. Customer administrators control user access, roles, integrations, workflow configuration, exports, and account-level instructions. You are responsible for activity under accounts you authorize and for removing access when a user no longer needs it.

4. Subscriptions, fees, and taxes

Unless an order states otherwise, subscriptions renew month to month until canceled. You authorize us and our payment processor to charge the current subscription, implementation, usage, and approved add-on fees plus applicable taxes. Fees are nonrefundable except where law requires, an order states otherwise, or the published 90-day implementation guarantee applies. The guarantee covers the implementation fee only and is subject to its stated benchmarks, dependencies, and exclusions.

You may cancel future renewals through the billing tools or by contacting support. Cancellation takes effect at the end of the paid period. We may change recurring fees with advance notice, and you may cancel before the new price applies.

5. Customer data and instructions

As between the parties, Customer retains its rights in leads, contacts, transactions, documents, communications, brand assets, connected-account data, and other content it submits or directs us to process ("Customer Data"). Customer grants us a limited, nonexclusive right to host, copy, transmit, transform, and otherwise process Customer Data only as needed to provide, secure, support, and improve the Service; follow documented instructions; and comply with law.

Customer represents that it has all notices, permissions, consents, licenses, and lawful bases needed for Customer Data and for the actions it asks the Service to perform. Customer will respond to requests from its leads, clients, agents, and transaction participants where Customer controls their data. Our handling of personal information is described in the Privacy Policy and any applicable data processing addendum.

6. Communications and consent

The Service can draft, send, schedule, classify, and track email, SMS, notifications, and other communications. Customer is the sender or initiator of communications sent for its business and is responsible for recipient consent, lawful purpose, accurate sender and subject information, required identification and disclosures, time-of-day limits, suppression lists, and promptly honoring opt-outs and consent revocations.

Customer will comply with CAN-SPAM, the Telephone Consumer Protection Act, state mini-TCPA laws, carrier and platform rules, and other applicable marketing, telemarketing, and privacy laws. Customer will not upload purchased lists or direct us to send unsolicited communications where consent or another lawful basis is required. We may block recipients, pause campaigns, or suspend communications that create legal, deliverability, reputation, or abuse risk.

Google Workspace permissions are not used to send unsolicited commercial prospecting, cold email, mailbox warming, or recruiting outreach without prior recipient consent. The public Service does not expose automated cold prospect sending. AdamationAI's private internal B2B operation is unavailable to customers, is isolated from Google OAuth, and uses separate non-Google delivery infrastructure.

7. Connected services and OAuth permissions

Customer may connect third-party services such as Google, Microsoft, Meta, LinkedIn, TikTok, Monday.com, Follow Up Boss, calendars, email accounts, advertising accounts, social channels, or electronic-signature providers. A connection is activated only after an authorized user grants the requested access or supplies valid credentials. Customer authorizes us to access and act on the connected service to provide the selected feature.

Third-party services are governed by their own terms and privacy practices. We do not control their availability, approval decisions, API changes, account restrictions, or charges. Customer is responsible for its third-party accounts and may disconnect them, although doing so may interrupt dependent workflows. Use of Google API data is also subject to the Google API Services User Data Policy and its Limited Use requirements.

8. Advertising and social publishing

Advertising features may read performance data, preserve attribution, recommend or apply negative keywords, adjust budgets, pause campaigns, create or edit ads, and publish content when enabled by Customer. Customer remains responsible for account access, budgets, platform charges, targeting, creative, claims, landing pages, disclosures, intellectual-property rights, and compliance with advertising, fair-housing, and platform policies.

Recommendations and automated changes are not guarantees of leads, conversions, revenue, ranking, reach, or regulatory compliance. Customer will review material actions and maintain appropriate account limits. We may require review, cap spend, or disable automation when measurement, permissions, or safety controls are not reliable.

9. AI-assisted and automated features

The Service may use artificial intelligence and deterministic automation to extract document fields, classify replies, score sales follow-up, draft communications, summarize activity, create media, recommend actions, or execute configured workflows. Outputs may be inaccurate, incomplete, biased, or unsuitable for a particular matter. Customer is responsible for appropriate human review before relying on or sending an output, changing a campaign, filing a document, or taking action affecting another person.

Customer will not use the Service to make or substantially determine housing eligibility, credit, employment, insurance, or another legally significant decision about a person. Customer will not use protected characteristics or proxies for them to discriminate in advertising, lead routing, service, or housing-related activity. Sales-priority scores are workflow aids, not a measure of a person's eligibility, worthiness, or protected status.

10. Real estate, property, and financial information

Property records, comparables, estimated values, market data, mortgage or rate information, commission calculations, and financial projections may come from Customer, public records, licensed sources, or automated analysis. They can be delayed, incomplete, or wrong and do not constitute an appraisal, title report, credit report, legal opinion, tax advice, lending decision, or guarantee of value or availability. Customer will independently verify material facts and use appropriately licensed professionals where required.

11. Documents and electronic signatures

Electronic-signature and document features facilitate workflows but do not determine whether a form is legally sufficient or appropriate for a transaction. Customer is responsible for choosing correct forms, signer identity and authority, required disclosures, record-delivery requirements, consent to transact electronically, and retention required by law or brokerage policy. We are not a law firm, title company, escrow agent, or records custodian unless an order expressly says otherwise.

12. Acceptable use

You will not, and will not help another person to:

• violate law, professional rules, platform policy, or another person's rights;
• send spam, facilitate fraud or harassment, impersonate others, or use deceptive sender information;
• upload malware, probe or bypass security, interfere with the Service, or access data without authorization;
• scrape, resell, sublicense, or use the Service or its data to build a competing product except as an agreement expressly permits;
• reverse engineer the Service except to the limited extent a restriction is prohibited by law;
• upload highly sensitive data that is not reasonably necessary for a supported real estate workflow, including payment-card data outside the designated processor;
• use the Service for unlawful surveillance, discriminatory profiling, or prohibited high-impact automated decisions.

13. Service protection and suspension

We may investigate suspected misuse and suspend or limit access when reasonably necessary to protect users, data, third-party platforms, deliverability, or the Service; comply with law; address overdue fees; or stop a material breach. When practical, we will provide notice and an opportunity to cure. Emergency, security, fraud, or legal circumstances may require immediate action.

14. Availability, changes, beta features, and roadmap

We work to keep the Service reliable but do not promise uninterrupted or error-free operation. Features may depend on third-party APIs, app-store releases, account permissions, data quality, and Customer configuration. We may add, change, or retire features and will provide reasonable notice if a change materially reduces paid core functionality.

Preview, beta, pilot, platform-only, and early-access features may be incomplete, change without notice, and have additional limits. Roadmaps, demonstrations, and statements about planned features are informational and are not a promise, warranty, or commitment to deliver a feature by a particular date. Customer should make purchasing decisions based on generally available functionality stated in its order.

15. Our intellectual property

We and our licensors own the Service, software, interfaces, documentation, workflows, templates, and related intellectual property, excluding Customer Data. During a paid subscription, we grant Customer a limited, nonexclusive, nontransferable right to use the Service for its internal business operations. If Customer gives feedback, it grants us the right to use that feedback without restriction or compensation, without identifying Customer publicly without permission.

16. Confidentiality and security

Each party may receive nonpublic business, product, security, or technical information from the other. The receiving party will use it only for the relationship, protect it using reasonable care, and disclose it only to personnel and providers who need it and are subject to confidentiality duties, except where disclosure is legally required. Our security practices are described on the Security page.

17. Termination and data export

Either party may terminate as allowed by an order or these Terms. We may terminate for an uncured material breach, insolvency, unlawful use, or a continuing risk that cannot reasonably be mitigated. On termination, Customer's access ends and unpaid amounts remain due. Customer should export needed data before access ends. We will process deletion according to the Privacy Policy, legal obligations, and any applicable data processing addendum. Terms that by nature should survive, including payment, confidentiality, ownership, disclaimers, indemnity, and liability limits, will survive.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS, DATA, RECOMMENDATIONS, AND BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT GUARANTEE RESULTS, LEADS, CONVERSIONS, TRANSACTION OUTCOMES, LEGAL COMPLIANCE, DATA ACCURACY, OR THAT THIRD-PARTY SERVICES WILL REMAIN AVAILABLE. THESE DISCLAIMERS DO NOT LIMIT AN EXPRESS COMMITMENT IN AN APPLICABLE ORDER OR THE PUBLISHED GUARANTEE.

19. Indemnification

Customer will defend, indemnify, and hold harmless Adamation AI and its personnel from third-party claims, damages, fines, and reasonable costs arising from Customer Data, Customer's communications or campaigns, Customer's violation of law or third-party terms, or Customer's material breach of these Terms. We will promptly notify Customer of a covered claim, provide reasonable cooperation at Customer's expense, and allow Customer to control the defense, provided a settlement does not admit our fault or impose obligations on us without consent.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE FEES CUSTOMER PAID OR OWED FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND CAP DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, MISUSE OF OUR INTELLECTUAL PROPERTY, INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

21. Governing law and disputes

Florida law governs these Terms without regard to conflict-of-law principles. Before filing a lawsuit, the parties will try in good faith for 30 days to resolve a dispute after written notice, except either party may seek urgent injunctive relief. State and federal courts with jurisdiction where ACER FIVE LLC has its principal place of business will have exclusive jurisdiction, and each party consents to that venue.

22. Changes and notices

We may update these Terms to reflect changes in law, security, providers, or the Service. We will post the updated date and provide reasonable advance notice of a material change that negatively affects Customer's rights. Continued use after the effective date means acceptance. If Customer objects to a material change, its remedy is to stop using the Service and cancel before the change takes effect.

23. General terms

Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets. We may use subcontractors while remaining responsible for our obligations. The parties are independent contractors. A failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. These Terms and incorporated agreements are the complete agreement about the Service and supersede prior statements on that subject. Headings are for convenience only.

24. Contact

Product and account support: support@adamationai.com. Legal notices and questions: legal@adamationai.com. Privacy requests: privacy@adamationai.com.