Agreement to these Terms
These Terms of Service (the “Terms”) are a binding agreement between RealGent (“RealGent”, “we”, “us”) and the individual or organisation that creates a workspace (“you”, the “Customer”). By creating an account, ticking the consent box at sign-up, or using any part of the service, you accept these Terms and our Privacy Policy, which is incorporated here by reference.
If you are accepting on behalf of a company, brokerage or other entity, you represent that you have authority to bind it, and “you” means that entity. If you do not have that authority, or you do not agree to these Terms, do not create a workspace.
You must be at least 18 years old and legally able to enter into contracts. RealGent is sold to businesses for business use; it is not a consumer product.
What RealGent is
RealGent is a hosted software platform (SaaS) that provides AI agents which converse with your customers and prospects on your behalf. Depending on your plan and configuration, the service can include:
- A website chat agent that answers questions from knowledge you supply, qualifies intent, and captures contact details.
- A voice agent that handles inbound calls and places outbound calls through a telephone number you connect or purchase through the platform.
- Scheduling — checking availability and booking, rescheduling or cancelling appointments against calendars you configure.
- A CRM holding leads, conversations, transcripts, activities and AI-generated lead scores.
- Supporting features such as a knowledge base, notification and follow-up automation, analytics, and live supervision of active conversations.
We may add, change or withdraw features. Where a change materially reduces the functionality of a paid plan, we will give you reasonable notice under §14.
Accounts and workspaces
Your data lives in a workspace. Your plan sets how many user seats, website widgets and phone lines a workspace may have. You are responsible for everyone you invite into it and for everything done under your credentials.
- Keep credentials confidential and do not share seats between people.
- Tell us promptly at support@realgent.ai if you believe an account has been compromised.
- Keep your account and billing details accurate. We send service, security and billing notices to the address on the account.
Workspace owners and administrators can see, export and delete the workspace’s data, including conversations and recordings created by other members. Grant those roles accordingly.
Licence and permitted use
Subject to these Terms and to payment of your fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the service for your own internal business purposes during your subscription term. That is a right of access to a hosted service; no copy of the software is sold or delivered to you, and all rights not expressly granted are reserved.
You may not, and may not permit anyone else to:
- Resell, rent, sublicense, white-label or provide the service as a service bureau to a third party, unless we have agreed to that in writing.
- Copy, modify, translate, reverse engineer, decompile or attempt to derive the source code, models, prompts or underlying structure of the service, except to the extent that restriction is unenforceable under applicable law.
- Use the service to build, train or evaluate a competing product, or benchmark it for publication without our written consent.
- Circumvent or interfere with rate limits, credit metering, quotas, authentication or tenancy boundaries, or access another customer’s workspace or data.
- Scrape, crawl or bulk-extract the service other than through features and APIs we provide for that purpose.
Acceptable use
You will not use the service, and will not allow it to be used, to:
- Break any law, regulation or industry code that applies to you, including telecommunications, consumer protection, housing, lending, advertising and privacy law.
- Send unlawful, deceptive, harassing, defamatory, obscene or fraudulent communications, or to impersonate another person or business.
- Conduct spam, robocalling, wardialling, spoofed caller ID, or any campaign to a list you do not have a lawful basis to contact.
- Transmit malware, or interfere with the integrity, security or performance of the service or the networks it depends on.
- Handle categories of data the platform is not built for — payment card numbers, government identifiers, protected health information subject to HIPAA, or children’s data subject to COPPA — unless we have agreed in writing.
- Present AI-generated output as having been written or reviewed by a licensed professional when it has not.
You are responsible for the instructions, prompts, scripts and knowledge you configure. An AI agent does what it is told; configuring it to mislead a caller is your act, not ours.
AI output is not professional advice
RealGent is a sales assistant, not a licensed professional
RealGent provides sales assistance and lead qualification. It does not provide legal, financial, tax, mortgage, insurance, investment or real-estate appraisal advice, and it does not perform brokerage services. Nothing an agent says constitutes a professional opinion, a valuation, an offer, or a binding representation on behalf of you or of RealGent.
AI systems are probabilistic. Output can be inaccurate, incomplete or entirely fabricated, including property details, prices, availability, financing figures, legal requirements and commitments an agent appears to make. Lead scores, summaries and qualification signals are statistical estimates, not determinations of fact.
You are responsible for reviewing output before you rely on it and for making sure that anything requiring a licence — a valuation, a comparative market analysis, advice on a contract, a lending decision — is performed by a suitably licensed human. Where your jurisdiction requires disclosure that a consumer is interacting with an automated system, making that disclosure is your obligation, and the platform gives you prompt and greeting controls to do it.
You are solely responsible for verifying appointments, commitments and pricing before you honour them. RealGent is not a party to any agreement an AI agent appears to reach with your customer.
Your compliance obligations
You are the sender and the caller. RealGent supplies the tooling; you decide who is contacted, when, and with what message, and you are the party the law holds responsible for those decisions. You represent and warrant that you hold every consent, licence and registration your activity requires.
7.1 TCPA, telemarketing and messaging compliance
Consent and Do-Not-Call are yours to obtain and honour
Before any outbound call, callback or SMS is placed through the platform, you must hold the consent that applicable law requires — including prior express written consent where the Telephone Consumer Protection Act (TCPA) or its implementing rules require it for automated, prerecorded or artificial-voice calls and for marketing messages.
You are responsible, at your own cost, for:
- Scrubbing your lists against the National Do Not Call Registry, any applicable state registry, and your own internal do-not-call list, and honouring opt-outs promptly.
- Observing permitted calling hours and call-frequency limits in every jurisdiction you dial into, including stricter state mini-TCPA and telemarketing statutes.
- Identifying yourself accurately, transmitting accurate caller ID, and never spoofing a number you are not authorised to use.
- Providing a working opt-out on every campaign, and processing revocations of consent through any reasonable channel, including one made verbally to an AI agent.
- Meeting messaging-ecosystem requirements for SMS, including carrier registration, sender identification and opt-out keyword handling.
- Keeping records of consent sufficient to evidence it, for as long as applicable law requires.
Automated dialling and prerecorded or synthetic-voice outreach attract statutory damages per call. Nothing in the platform — including its automation, scheduling and retry features — should be read as advice that a given campaign is lawful, and enabling a feature is not our confirmation that you may use it against a particular list.
7.2 Fair Housing Act and anti-discrimination
Discriminatory targeting, filtering or scoring is prohibited
You may not use RealGent to treat people differently, or to select, exclude, rank, route, score or refuse to engage with them, on the basis of race, colour, religion, sex (including sexual orientation and gender identity), familial status, national origin or disability, or any other class protected under the Fair Housing Act, the Equal Credit Opportunity Act, state or local fair-housing law, or other applicable anti-discrimination law.
Specifically, you will not:
- Configure prompts, qualification criteria, routing rules, tags, filters or lead scoring that use a protected characteristic, or a proxy for one — such as a neighbourhood, school, place of worship, language, or family composition — to differentiate treatment.
- Steer prospects toward or away from areas or properties on the basis of a protected characteristic, or ask an AI agent to elicit protected characteristics for that purpose.
- Publish, through any channel the platform operates, a statement or advertisement that indicates a preference, limitation or discrimination based on a protected characteristic.
You remain responsible for the fair-housing compliance of your prompts, your knowledge base and your campaign lists, and for auditing AI output for disparate treatment or disparate impact. We may suspend a workspace under §15 where we reasonably believe it is being used to discriminate.
7.3 Data you supply
You represent that you have the right to upload, and to have us process, every lead record, contact list, document, website and knowledge source you put into the workspace, and that doing so does not breach a third party’s rights, a contract, or a privacy law. Where a privacy law requires notice to, or consent from, the individuals concerned, obtaining it is your responsibility as the controller of that data.
Call recording and transcription
Voice interactions are recorded and transcribed
Voice conversations handled by RealGent — inbound and outbound, and in-browser test calls — are recorded, transcribed and stored in your workspace. Audio and transcripts are processed by our AI providers to operate the agent, and are retained for quality assurance, dispute resolution, training your configuration, billing verification, and troubleshooting.
Recording and monitoring a call is regulated. Many US states, and many countries, require the consent of all parties before a call may be recorded; others require only one party’s. Because you control the greeting, the script and who is dialled, you are responsible for giving any notice and obtaining any consent required in every jurisdiction you call into or receive calls from, and for doing so at the start of the call.
The platform provides greeting and prompt controls for exactly this purpose. Use them. If a caller objects to being recorded, you are responsible for honouring that objection — including by ending the call or transferring it to a human on an unrecorded line.
Workspace members with the appropriate role may listen to live calls, read live chat transcripts, and take over a conversation from the AI agent. That supervision is a feature you enable and control, and the same notice and consent obligations apply to it.
We do not sell recordings or transcripts. How long we keep them, and how you delete or export them, is described in the Privacy Policy.
Subscriptions, credits and billing
Paid plans are subscriptions. Prices, included credits, seat counts and widget and line allowances are those shown in the app at the time you subscribe.
9.1 Trial
New workspaces may start on a free trial of 14 days with 60 credits, without a card. Trial entitlements are a courtesy, are not transferable, and may be varied or withdrawn for future signups. Unless you subscribe, access ends when the trial expires.
9.2 Payment through Stripe
Payments are processed by Stripe. By subscribing you authorise us, through Stripe, to charge your payment method for the plan fee, applicable taxes, and any usage-based or add-on charges, on each renewal until you cancel. We do not receive or store your full card details; Stripe’s own terms and privacy policy govern its handling of them.
Fees are stated exclusive of VAT, sales and similar taxes, which are added where applicable. If a charge fails, we may retry it and may suspend the workspace under §15 until it clears. Amounts unpaid past their due date may accrue interest at the lower of 1.5% per month or the maximum the law allows.
9.3 Renewal, changes and cancellation
Subscriptions renew automatically for the same term — monthly or, where the plan offers it, six-monthly — at the then-current price, unless you cancel before the renewal date. You can cancel at any time from Billing; cancellation takes effect at the end of the paid period, and you keep access until then.
Upgrades take effect immediately and are prorated by Stripe. Downgrades take effect at the next renewal, and reduce your seats, widgets, lines and credit allowance to those of the lower plan. We may change prices with at least 30 days’ notice before the change applies to your next renewal.
9.4 Refunds
Except where a non-waivable law requires otherwise, fees are non-refundable and there are no refunds or credits for partial periods, unused credits, downgrades, or time during which you chose not to use the service. This does not limit any statutory right you have as a consumer where such rights apply.
9.5 Telephone numbers and telephony charges
Phone numbers purchased through the platform carry a recurring charge shown before purchase, and are provisioned through our telephony provider. Numbers remain subject to that provider’s and the relevant regulator’s rules, including registration, identity and portability requirements. If your subscription ends, numbers may be released and cannot be recovered. RealGent does not provide emergency (911 / 112) calling, and the service must not be relied on for emergency communications.
Quotas, voice minutes and fair use
Usage is metered in credits. Chat replies, connected voice minutes and other AI actions each consume credits at rates published in the app, which vary by the engine you select and which we may change on notice. Voice usage is metered per connected minute and is subject to per-call duration caps and concurrent-line limits shown on your plan.
- Credits reset at the start of each billing period and, unless expressly stated otherwise, do not roll over and have no cash value.
- When a workspace exhausts its credits, AI actions that would consume more may be declined until you top up, upgrade, or the period resets. Calls in progress may be ended when the balance runs out.
- We may apply rate limits and abuse protections to keep the platform stable for everyone, and may throttle or suspend usage that is disproportionate, automated beyond normal use, or aimed at extracting the service’s underlying models.
Metering data recorded by the platform is the record of usage for billing purposes, absent manifest error.
Third-party services
RealGent is built on third-party infrastructure — AI model providers, a telephony carrier, a payment processor, a managed database, an email sender and workflow automation. Those providers are listed, with what each of them processes, in the Privacy Policy.
Their availability, and any change they make to their models, pricing or policies, is outside our control and may affect the service. Where you connect an external service — a calendar, a website, a messaging channel — your use of it is governed by that provider’s terms, and you authorise us to exchange the data the integration needs.
Your data and our obligations
You own your data. As between us, you retain all rights in the leads, conversations, recordings, transcripts, knowledge base and configuration in your workspace (“Customer Data”). You grant us a worldwide, royalty-free licence to host, process, transmit and display Customer Data solely to operate, secure and support the service, to meter it, and to comply with law.
Every workspace is isolated at the database layer by row-level security, so one organisation’s data is not reachable from another’s session. We maintain administrative, technical and organisational safeguards appropriate to the service, but no system is perfectly secure and we cannot guarantee that Customer Data will never be accessed unlawfully.
We do not train our own foundation models on your Customer Data, and we do not sell it. We may use aggregated, de-identified statistics — which cannot reasonably be used to identify you, your workspace or any individual — to operate and improve the service.
Each party will protect the other’s confidential information with at least reasonable care, and use it only for the purposes of this agreement.
Intellectual property and feedback
RealGent, its software, models, prompts, interfaces, documentation, name and logo are owned by us and our licensors and are protected by intellectual property law. These Terms transfer no ownership. You may not remove or obscure any proprietary notice.
As between you and RealGent, you own the output an agent generates for your workspace, subject to §6 and to the terms of the underlying model providers. Because AI models produce similar output for similar inputs, output may not be unique to you and we make no representation that it is protectable or non-infringing.
If you send us feedback, ideas or suggestions, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation or attribution.
Availability, changes and support
We aim to keep the service available and to give advance notice of planned maintenance, but unless we have signed a separate service-level agreement with you, the service is provided without an uptime commitment. Availability also depends on third parties named in §11 and on the public internet.
We may modify, deprecate or discontinue features. For a change that materially reduces the functionality of a paid plan, we will make reasonable efforts to notify you at least 30 days in advance; if you are materially and adversely affected, your remedy is to cancel and receive a pro-rata refund of prepaid fees for the unused remainder of the term.
Support is provided by email at support@realgent.ai during business hours. Features marked beta, preview or experimental are provided as-is, may change or be withdrawn without notice, and are excluded from any commitment in these Terms.
Suspension and termination
You may stop using the service and cancel your subscription at any time. We may suspend or terminate access, in whole or in part:
- for non-payment, after notice and a reasonable chance to cure;
- immediately, where we reasonably believe use of the service breaches §5, §7 or §8, infringes a third party’s rights, endangers the platform or another customer, or exposes us to legal liability or carrier enforcement;
- immediately, if required by law, a regulator or an upstream provider;
- for convenience, on 30 days’ notice, with a pro-rata refund of prepaid fees.
Where circumstances allow, we will tell you why and give you an opportunity to fix it. On termination, your right to use the service ends. You may export Customer Data for 30 days after termination, after which we may delete it in accordance with the retention practices in the Privacy Policy. Sections 5–8, 12, 13 and 16–19 survive termination.
Disclaimers
To the fullest extent permitted by law, the service is provided “as is” and “as available”, and we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the service will be uninterrupted, error-free or secure; that AI output will be accurate, complete, current or suitable for any purpose; or that use of the service will comply with the laws applicable to your business. No advice or information obtained from us or from the service creates any warranty not expressly stated here.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
Limitation of liability
Liability is capped at what you paid in the previous 12 months
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the service — in contract, tort (including negligence), statute or otherwise — will not exceed the greater of (a) the fees you actually paid us for the service in the twelve months immediately before the event giving rise to the claim, or (b) one hundred US dollars (US$100).
Neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or loss or corruption of data, even if advised such damages were possible and even if a limited remedy fails of its essential purpose.
We are not liable for statutory damages, penalties, settlements or defence costs arising from calls, messages, recordings or targeting decisions you made — including claims under the TCPA, state telemarketing or wiretap statutes, or fair-housing and anti-discrimination law. Those decisions are yours under §7 and §8, and §18 applies to them.
These limits do not apply to your payment obligations, to either party’s liability for fraud, wilful misconduct, or death or personal injury caused by negligence, or to any liability that cannot be excluded by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnification
You will defend, indemnify and hold harmless RealGent, its affiliates and their officers, employees and agents from and against any third-party claim, demand, proceeding or regulatory action, and any resulting losses, damages, fines, penalties, settlements and reasonable legal fees, arising out of or relating to:
- your Customer Data, prompts, scripts, knowledge sources or contact lists;
- calls, messages or campaigns conducted through the service, including any claim under the TCPA, a state telemarketing or automated-dialling statute, or a do-not-call rule;
- recording, transcription or monitoring of a conversation, including any claim under a wiretap or two-party-consent statute;
- discriminatory targeting, filtering, scoring or steering, including any claim under the Fair Housing Act, the Equal Credit Opportunity Act or equivalent law;
- your breach of these Terms or of any law applicable to your use of the service.
We will notify you of the claim, give you control of its defence (except that you may not settle in a way that admits our liability or imposes an obligation on us without our consent), and cooperate at your expense. We will likewise defend you against a third-party claim that the service, used as permitted, infringes that party’s intellectual property rights, subject to §17.
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
Before filing anything, please contact us at support@realgent.ai; most disputes are resolved that way. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Claims must be brought individually, and not as a plaintiff or class member in any class, collective or representative proceeding, to the extent permitted by law. Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.
Neither party is liable for a failure to perform caused by events beyond its reasonable control. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets. If a provision is held unenforceable it will be limited to the minimum extent necessary and the rest remains in force. A failure to enforce a provision is not a waiver of it. These Terms, with the Privacy Policy and any order form, are the entire agreement between us.
Changes to these Terms
We may update these Terms. The version in force is always the one published at this address, with its effective date at the top. For a material change we will give at least 30 days’ notice by email or in-app before it takes effect. Continuing to use the service after that date is acceptance of the updated Terms; if you do not accept them, cancel before they take effect and we will refund prepaid fees for the unused remainder of your term.
Contact
Questions about these Terms:
- General and billing — support@realgent.ai
- Privacy and data requests — privacy@realgent.ai
Legal notices. Send notices to support@realgent.ai. A postal notice address is available on written request. We send notices to the email address on your account, and notice is deemed given when sent.
These Terms are general and are not legal advice about your business. Telemarketing, recording and fair-housing rules differ by state and country — take your own advice before you run a campaign.